Stein et al v. Farmers Insurance Company of Arizona et al
Filing
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ORDER Granting 95 Joint Motion Re Discovery Stipulations. Signed by Magistrate Judge Allison H. Goddard on 2/17/2021. (mme)
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UNITED STATES DISTRICT COURT
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SOUTHERN DISTRICT OF CALIFORNIA
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BARBARA STEIN and STUART STEIN,
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Plaintiffs,
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ORDER GRANTING JOINT
MOTION RE DISCOVERY
STIPULATIONS
v.
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Case No.: 3:19-cv-00410-DMS-AHG
FARMERS INSURANCE COMPANY
OF ARIZONA, et al.,
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[ECF No. 95]
Defendants.
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3:19-cv-00410-DMS-AHG
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This matter comes before the Court on the parties’ Joint Motion seeking Court
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approval of their discovery stipulations. ECF No. 95. Good cause appearing, and upon
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consultation with the District Judge, the Joint Motion is hereby GRANTED, as follows:
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1.
All documents produced in discovery need no further foundation established
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for their use at trial. The parties reserve objections as to hearsay, cumulative, prejudicial
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and as to exclusion orders resulting from motions in limine. As to all medical records,
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bills and claims files, the business records exception to the hearsay rule applies and
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overcomes any such objections. However, the parties reserve all other objections with
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respect to any of the medical records produced.
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2.
In light of the difficulties imposed by the COVID-19 pandemic, including
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the travel and stay-at-home restrictions recently re-imposed, fact and expert discovery
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may continue until April 26, 2021, the date currently set for the conclusion of expert
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discovery. “Completed” means that all discovery under Rules 30-36 of the Federal Rules
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of Civil Procedure, and discovery subpoenas under Rule 45, must be initiated a sufficient
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period of time in advance of the cut-off date, so that it may be completed by the cut-off
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date, taking into account the times for service, notice and response as set forth in the
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Federal Rules of Civil Procedure. Counsel shall promptly and in good faith meet and
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confer with regard to all discovery disputes in compliance with Local Rule 26.1(a).
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A failure to comply in this regard will result in a waiver of a party’s discovery issue.
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Absent an order of the court, no stipulation continuing or altering this requirement
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will be recognized by the court. The Court expects counsel to make every effort to
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resolve all disputes without court intervention through the meet and confer process. If
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the parties reach an impasse on any discovery issue, the movant must e-mail chambers at
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efile_goddard@casd.uscourts.gov no later than 45 days after the date of service of the
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written discovery response that is in dispute, seeking a telephonic conference with the
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Court to discuss the discovery dispute. The email must include: (1) at least three proposed
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times mutually agreed upon by the parties for the telephonic conference; (2) a neutral
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statement of the dispute; and (3) one sentence describing (not arguing) each parties’
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3:19-cv-00410-DMS-AHG
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position. The movant must copy opposing counsel on the email. No discovery motion
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may be filed until the Court has conducted its pre-motion telephonic conference, unless
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the movant has obtained leave of Court. All parties are ordered to read and to fully
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comply with the Chambers Rules of Magistrate Judge Allison H. Goddard.
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3.
Notwithstanding the dates set for expert discovery, Defendant will have up to
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and including April 26, 2021, to undertake the neuropsychological medical
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examination/testing of Barbara and Stuart Stein. Plaintiffs and Defendant will produce their
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initial expert reports within 20 days of their examination. Further, expert report exchanges
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for any and all eye-related experts will be exchanged on the same schedule as for the
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neuropsychologists. Plaintiffs and Defendant will then have 20 days in which to depose
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said experts.
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4.
The testimony of any or all trial witnesses may be presented by
contemporaneous transmission per FRCP 43, subject to approval of the District Judge.
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Notwithstanding the fact discovery cut-off of February 7, 2021, and as a
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consequence of the parties’ continuing efforts to produce the discoverable portions of the
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claims files not yet produced and to complete the depositions of the FICA claims
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representatives previously noticed, Plaintiffs will have up to and including
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February 28, 2021, to complete the depositions of Steve Wayant, Harold Kammeraad,
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Gary Payne and the FICA PMQ deposition.
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6.
People v. Sanchez (2016) 63 Cal. 4th 665, a state court ruling on a state court
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evidentiary issue interpreting California Evidence Code Section 801, shall not be the basis
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for any objection by any party as to the issues presented in this case.
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IT IS SO ORDERED.
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Dated: February 17, 2021
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3:19-cv-00410-DMS-AHG
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