ATAIN SPECIALTY INSURANCE COMPANY v. U.S. CATERING TRUCK MANUFACTURING, LLC, 3:15-cv-05379-WHO. (2016)
Court: District Court, N.D. California
Number: infdco20160721883
Visitors: 17
Filed: Jul. 20, 2016
Latest Update: Jul. 20, 2016
Summary: STIPULATION AND APPLICATION TO AMEND SCHEDULING ORDER AND CASE DEADLINES WILLIAM H. ORRICK , District Judge . Pursuant to Federal Rules of Civil Procedure 16(b)(4) and Local Rules 6-2, 7-12, and 16-2(d), the parties hereby stipulate to the following in submitting this joint request to continue the trial and related dates: 1. The Complaint was filed November 25, 2015. On February 24, 2016 the Court issued a Civil Pretrial (scheduling) Order. (See Pacer Doc. 20.) 2. Among other deadlines, t
Summary: STIPULATION AND APPLICATION TO AMEND SCHEDULING ORDER AND CASE DEADLINES WILLIAM H. ORRICK , District Judge . Pursuant to Federal Rules of Civil Procedure 16(b)(4) and Local Rules 6-2, 7-12, and 16-2(d), the parties hereby stipulate to the following in submitting this joint request to continue the trial and related dates: 1. The Complaint was filed November 25, 2015. On February 24, 2016 the Court issued a Civil Pretrial (scheduling) Order. (See Pacer Doc. 20.) 2. Among other deadlines, th..
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STIPULATION AND APPLICATION TO AMEND SCHEDULING ORDER AND CASE DEADLINES
WILLIAM H. ORRICK, District Judge.
Pursuant to Federal Rules of Civil Procedure 16(b)(4) and Local Rules 6-2, 7-12, and 16-2(d), the parties hereby stipulate to the following in submitting this joint request to continue the trial and related dates:
1. The Complaint was filed November 25, 2015. On February 24, 2016 the Court issued a Civil Pretrial (scheduling) Order. (See Pacer Doc. 20.)
2. Among other deadlines, the scheduling order set the trial date for March 6, 2017 and a deadline to add parties of May 13, 2016.
3. Per the Court's orders dated February 23, 2016 and April 11, 2016, the Parties were ordered to participate in mediation before July 29, 2016.
4. All parties in this case have stipulated and do hereby request a short continuance of all of the case deadlines, trial, and related dates.
In addition to the stipulation, good cause for the continuance exists because:
1. Third-Party Defendants DAVID SMITH and TRANS BAY INSURANCE AGENCY, INC. were named as parties on the last day to do so, May 13, 2016 (see Pacer Doc. 23), and appeared in this case via Answer on June 23, 2016 (see Pacer Doc. 34). This leaves about four months in which to conduct discovery, which the parties do not expect to be sufficient time given the number of parties in the case, complexity of issues, and needs of the case. Additionally, the parties have not had sufficient time to investigate this matter before the current mediation deadline on July 29, 2016.
2. Trial is set for March 6, 2017 and a Pre-trial Conference is set for February 6, 2017, however counsel for Third-Party Defendants DAVID SMITH and TRANS BAY INSURANCE AGENCY, INC. already has a multi-week trial set to begin on February 6, 2017 and another multi-week trial set to begin on March 13, 2017, which dates conflict with the trial in this case.
3. There have been no prior requests for continuance.
Accordingly, the parties hereby agree and request that the case schedule should be modified as follows:
Event Old Dates New Dates
Deadline to amend/add parties May 13, 2016 N/A
Deadline to complete
mediation July 29, 2016 September 30, 2016
Fact discovery cutoff November 2, 2016 January 20, 2017
Expert disclosures November 2, 2016 February 3, 2017
Expert rebuttal December 2, 2016 February 17, 2017
Expert discovery cutoff January 2, 2017 March 17, 2017
Dispositive Motions heard by November 30, 2016 April 12, 2017
Pre-trial Conference February 6, 2017 April 17, 2017
Trial March 6, 2017 May 22, 2017
CASE MANAGEMENT ORDER
As modified below, the above Stipulated Amended Case Scheduling Order is hereby ORDERED to be the schedule for this case and all parties shall comply with its provisions:
Last day for dispositive hearing: March 29, 2017
Pre-trial Conference: May 22, 2017
Trial: June 19, 2017
Source: Leagle
