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ATAIN Specialty Insurance Company v. Hernandez, 2:13-cv-00530-MCE-DAD. (2014)

Court: District Court, E.D. California Number: infdco20140626959 Visitors: 1
Filed: Jun. 24, 2014
Latest Update: Jun. 24, 2014
Summary: STIPLATION AND ORDER EXTENDING CASE DEADLINES PURSUANT TO COURT'S ORDER TO STAY ACTION MORRISON C. ENGLAND, Jr., Chief District Judge. STIPULATION Plaintiff ATAIN Specialty Insurance Company ("Plaintiff") and defendants Alvin M. Roberts, Shirley M. Roberts, and Roberts Alvin M. & Sr Trust ("Roberts") and defendant Jesse Hernandez, dba Tarp Services, Inc. ("Hernandez") (collectively, "Defendants"), by and through their counsel of record in this action, hereby agree and stipulate: WHEREAS, on
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STIPLATION AND ORDER EXTENDING CASE DEADLINES PURSUANT TO COURT'S ORDER TO STAY ACTION

MORRISON C. ENGLAND, Jr., Chief District Judge.

STIPULATION

Plaintiff ATAIN Specialty Insurance Company ("Plaintiff") and defendants Alvin M. Roberts, Shirley M. Roberts, and Roberts Alvin M. & Sr Trust ("Roberts") and defendant Jesse Hernandez, dba Tarp Services, Inc. ("Hernandez") (collectively, "Defendants"), by and through their counsel of record in this action, hereby agree and stipulate:

WHEREAS, on January 24, 2014, this Court ordered in a stay in this action pending the resolution of the underlying state court action, Manuel Prado Gonzalez individually and as the successor in interest to the Estate of Jacqueline Gonzalez Jimenez v. Alvin Roberts, et ux, et al., ("Gonzalez litigation") filed in Sacramento County Superior Court under Case No. 34-2010-00079357;

WHEREAS, the parties to the Gonzalez litigation have not finalized settlement of the underlying action, thus the Gonzalez litigation has not been resolved as of May 21, 2014;

WHEREAS, good cause exists to extend case deadlines to allow the parties to the Gonzalez litigation to finalize settlement, or alternatively, to allow the Parties the opportunity to adjudicate this action, if necessary, following final resolution of the underlying action.

Plaintiff and Defendants hereby agree and stipulate that all case deadlines set forth in the Pretrial Scheduling Order (Dkt. No. 35) shall be extended by six (6) months, as follows:

1. The current deadline to complete discovery, with the exception of expert discovery, of July 15, 2014, is now extended to, and including, January 15, 2015;

2. The current deadline to disclose expert witnesses pursuant to Fed. R. Civ. P. 26(a)(2)(B), of September 11, 2014, is now extended to, and including, March 11, 2015;

3. The current deadline to hear dispositive motions, and related filing deadlines, of January 22, 2015, is now extended to, and including, July 23, 2015;

4. The current deadline to file a Joint Final Pretrial Conference Statement of February 26, 2015, is now extended to, and including, August 26, 2015;

5. The current Final Pretrial Conference set for March 19, 2015, at 2:00 p.m., is now continued to September 17, 2015, at 2:00 p.m.;

6. The current deadline to file evidentiary or procedural motions, and related briefing schedules, of February 26, 2015, is now extended to, and including, August 26, 2015;

7. The current deadline to file trial briefs of March 5, 2015, is now continued to September 3, 2015;

8. The current Trial Date set for May 11, 2015, at 9:00 a.m. is now continued to November 9, 2015, at 9:00 a.m.

IT IS SO STIPULATED.

ORDER

In accordance with the foregoing stipulation, and good cause appearing therefor, the Court will extend the deadlines set forth in the Pretrial Scheduling Order, ECF No. 35, for a period of approximately six months in order to permit resolution of this case following the pending adjudication of the underlying action in state court. An Amended Pretrial Scheduling Order will be issued by the Court setting forth all applicable new dates. Counsel are cautioned that those dates may deviate to some extent from those proposed in the stipulation, depending on the Court's availability.

IT IS SO ORDERED.

Source:  Leagle

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