STIPULATION TO AMEND CASE MANAGEMENT SCHEDULING ORDER AND SETTING MOTION AND DISCOVERY DEADLINES, AND [PROPOSED] ORDER
RICHARD SEEBORG, District Judge.
1. WHEREAS, the parties have exchanged over ten boxes of documents, responded to written discovery, and received documents pursuant to subpoenas.
2. WHEREAS, the parties have attended one mediation session with mediator Vivien Williamson and are continuing to have settlement discussions through the mediator.
3. WHEREAS, Plaintiff Nationwide Mutual Insurance Company ("Nationwide") plans to file a motion for summary judgment which it believes, if granted, will resolve all issues in the case.
4. WHEREAS, Defendant Certain Underwriters at Lloyd's, London ("Certain Underwriters") also plan to file a motion for summary judgment on the lack of coverage under their policy.
5. WHEREAS, Certain Underwriters wishes to take at least five (5) depositions and not wait to take those depositions until after motions for summary judgment are heard, namely:
a. Kevin Gilbert, who is not a party to this action;
b. Kevin Place, who is not a party to this action;
c. Federal Rule of Civil Procedure 30(b)(6) designee of K&K Insurance Group, Inc., which is not a party to this action;
d. Federal Rule of Civil Procedure Rule 30(b)(6) designee of Cannon Cochran Management Services, Inc. ("CCMSI") and/or Margie Hickey of CCMSI, who are not parties to this action; and
e. Federal Rule of Civil Procedure Rule 30(b)(6) designee of Nationwide.
6. WHEREAS, Nationwide objects to these depositions as premature and unnecessary because it believes its motion for summary judgment will resolve all issues, and Certain Underwriters are not agreeable to waiting to take the five sought depositions until after Nationwide's motion for summary judgment is heard.
7. WHEREAS, the parties wish to avoid the time and expense of retaining experts on issues that can be resolved without expert testimony through a motion for summary judgment.
8. WHEREAS, the current Case Management Scheduling Order [Docket #50] provides, "On or before June 2, 2017, all non-expert discovery shall be completed by the parties."
9. WHEREAS, the current Case Management Scheduling Order [Docket #50] further provides, "On or before April 7, 2017, parties will designate experts in accordance with Federal Rule of Civil Procedure 26(a)(2)."
10. WHEREAS, the current Case Management Scheduling Order [Docket #50] further provides, "On or before June 2, 2017, all discovery of expert witnesses pursuant to Federal Rule of Civil Procedure 26(b)(4) shall be completed."
THEREFORE the parties agree to the following briefing schedule for the motions for summary judgment and request that the Court amend its July 23, 2016 Case Management Scheduling Order [Docket #50] to set the following new deadlines:
MOTION FOR SUMMARY JUDGMENT
1. On or before April 20, 2017, Nationwide and Certain Underwriters will file motions for summary judgment.
2. On or before May 4, 2017, oppositions to the motions for summary judgment will be filed.
3. On or before May 11, 2017, replies to any oppositions to the motions for summary judgment will be filed.
4. The hearing on both motions for summary judgment will take place on May 25, 2017, at 1:30 p.m.
DEPOSITIONS
1. No depositions shall take place prior to April 20, 2017.
2. The parties shall meet and confer regarding the necessity and/or scheduling of depositions following the filing of the motions for summary judgment, keeping in mind the discovery deadlines set forth below and all relevant Local and Federal Rules.
DISCOVERY DEADLINES
1. On or before August 3, 2017, all non-expert discovery shall be completed by the parties.
2. On or before June 2, 2017, parties will designate experts in accordance with Federal Rule of Civil Procedure 26(a)(2).
3. On or before August 3, 2017, all discovery of expert witnesses pursuant to Federal Rule of Civil Procedure 26(b)(4) shall be completed.
[PROPOSED] ORDER
Having reviewed the Stipulation to Amend Case Management Scheduling Order and Setting Motion and Discovery Deadlines, and good cause appearing, IT IS HEREBY ORDERED as follows:
MOTION FOR SUMMARY JUDGMENT
1. On or before April 20, 2017, Nationwide and Certain Underwriters will file motions for summary judgment.
2. On or before May 4, 2017, oppositions to the motions for summary judgment will be filed.
3. On or before May 11, 2017, replies to any oppositions to the motions for summary judgment will be filed.
4. The hearing on Nationwide's and Certain Underwriters' motions for summary judgment will take place on May 25, 2017, at 1:30 p.m.
DEPOSITIONS
1. No depositions shall take place prior to April 20, 2017.
2. The parties shall meet and confer regarding the scheduling of depositions, keeping in mind the discovery deadlines set forth below and all relevant Local and Federal Rules.
DISCOVERY DEADLINES
1. On or before August 3, 2017, all non-expert discovery shall be completed by the parties.
2. On or before June 2, 2017, parties will designate experts in accordance with Federal Rule of Civil Procedure 26(a)(2).
3. On or before August 3, 2017, all discovery of expert witnesses pursuant to Federal Rule of Civil Procedure 26(b)(4) shall be completed.
All other deadlines and orders to remain unchanged.
