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PACIFIC MARINE CENTER, INC. v. PHILADELPHIA INDEMNITY INSURANCE COMPANY, 1:13-CV-00992-AWI-SKO. (2015)

Court: District Court, E.D. California Number: infdco20150803425 Visitors: 2
Filed: Jul. 30, 2015
Latest Update: Jul. 30, 2015
Summary: STIPULATION AND ORDER RE DISCOVERY CUT-OFF AND AMENDMENT OF SCHEDULING ORDER SHEILA K. OBERTO , Magistrate Judge . WHEREAS, Defendant Philadelphia Indemnity Insurance Company, pursuant to agreement with the Plaintiffs, had set the depositions of Plaintiffs Sona Vartanian and Pacific Marine Center, Inc., by its president, Sona Vartanian, for July 29, 2015 and July 30, 2015; WHEREAS, counsel for Plaintiffs reported that Ms. Vartanian suffered a broken ankle in a fall a week before she was sc
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STIPULATION AND ORDER RE DISCOVERY CUT-OFF AND AMENDMENT OF SCHEDULING ORDER

WHEREAS, Defendant Philadelphia Indemnity Insurance Company, pursuant to agreement with the Plaintiffs, had set the depositions of Plaintiffs Sona Vartanian and Pacific Marine Center, Inc., by its president, Sona Vartanian, for July 29, 2015 and July 30, 2015;

WHEREAS, counsel for Plaintiffs reported that Ms. Vartanian suffered a broken ankle in a fall a week before she was scheduled to testify and is under pain medication which will prevent her from being able to testify for a few weeks;

WHEREAS, Defendant Philadelphia Indemnity Insurance Company is willing to continue the depositions of Plaintiffs for a few weeks because of Ms. Vartanian's medical condition, but does not want to be prevented from completing discovery before the current non expert discovery deadline date of September 15, 2015, because it may seek additional depositions and discovery dependent on the testimony in Ms. Vartanian's depositions and requires the testimony in those depositions to prepare any expert reports;

WHEREAS, the parties through their counsel have mutually agreed to continue the depositions of Ms. Vartanian and Pacific Marine Center, Inc. because of the accident to Plaintiff Sona Vartanian and her medical condition and to request that the discovery cutoff and other deadline dates set forth in the case original Scheduling Order and Order Amending Scheduling Order be continued in order to allow Philadelphia to complete deposition discovery within the discovery cutoff and to have sufficient time to prepare expert reports and file motions;

WHEREAS, after meeting and conferring, the counsel have agreed to approximate two month extensions of the scheduling dates;

NOW, THEREFORE, it is hereby stipulated by Plaintiffs and Defendant, by and through their respective counsel of record, as follows:

1. The various deadlines for discovery and pre-trial and trial dates currently set shall be continued for some two months to the following dates, or such other dates in reasonable proximity thereto convenient to the Court's schedule, as follows:

Non Expert Discovery cutoff: November 13, 2015. Expert Disclosure: November 13, 2015. Supplemental Expert Disclosure: December 4, 2015. Expert Discovery cutoff: January 8, 2016. Settlement Conference: August 26, 2015, at 10:00 a.m., Courtroom 8. Non Dispositive Motions: Filing: January 8, 2016. Hearing: February 8, 2016. Dispositive Motions: Filing: January 8, 2016 Hearing: February 23, 2016. Pre-Trial Conference: March 21, 2016, at 8:30 a.m., Courtroom 2. Trial: May 23, 2016, at 8:30 a.m., Courtroom 2.

2. The Case Scheduling Order, dated November 26, 2013, the Order Re

Discovery Cut-Off and Amending Scheduling Order, signed October 2, 2015, the Order re Discovery Cut-Off and Amendment of Scheduling Order, signed March 9, 2015, and the Order re Discovery Cut-Off and Amendment of Scheduling Order, signed May 7, 2015, shall be amended to reflect the new dates.

ORDER

Based on the parties' stipulation, the Court modifies the November 26, 2013, scheduling order to grant the parties an extension of time to complete fact and expert discovery, and to file dispositive and non-dispositive motions.

This is the parties' third stipulation and request to reset the trial date. (Docs. 16; 32; 39. See also Docs. 9; 17; 33; 40.) The settlement conference, pre-trial conference, and trial dates remain as set in the Court's May 8, 2015, scheduling order. (Doc. 40.)

Accordingly, discovery deadlines and motion filing deadlines are continued as follows:

Settlement Conference: August 26, 2015, at 9:30 a.m., in Ctrm. 8. Non Expert Discovery Cutoff: October 15, 2015. Expert Disclosure: October 26, 2015. Supplemental Expert Disclosure: October 30, 2015. Expert Discovery cutoff: November 13, 2015. Non Dispositive Motions: Filing: November 16, 2015. Hearing: December 16, 2015. Dispositive Motions: Filing: November 16, 2015. Hearing: December 21, 2016. Pre-Trial Conference: January 27, 2016, at 10:00 a.m., Ctrm. 2. Trial: March 22, 2016, at 8:30 a.m., in Ctrm. 2.

IT IS SO ORDERED.

Source:  Leagle

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