Filed: Jul. 27, 2015
Latest Update: Jul. 27, 2015
Summary: JOINT STIPULATION TO FURTHER EXTEND TRIAL DEADLINES; ORDER JOHN A. MENDEZ , District Judge . TO THE HONORABLE COURT: Plaintiff/Counter-Defendant Nutrishare, Inc. ("Nutrishare") and Defendants/Counter-Claimants Connecticut General Life Insurance Company and CIGNA Health and Life Insurance Company ("CIGNA") (collectively, "Parties") hereby stipulate as follows: WHEREAS, on May 18, 2015, this Court issued an Order that modified the expert and fact discovery deadlines in its February 20, 201
Summary: JOINT STIPULATION TO FURTHER EXTEND TRIAL DEADLINES; ORDER JOHN A. MENDEZ , District Judge . TO THE HONORABLE COURT: Plaintiff/Counter-Defendant Nutrishare, Inc. ("Nutrishare") and Defendants/Counter-Claimants Connecticut General Life Insurance Company and CIGNA Health and Life Insurance Company ("CIGNA") (collectively, "Parties") hereby stipulate as follows: WHEREAS, on May 18, 2015, this Court issued an Order that modified the expert and fact discovery deadlines in its February 20, 2015..
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JOINT STIPULATION TO FURTHER EXTEND TRIAL DEADLINES; ORDER
JOHN A. MENDEZ, District Judge.
TO THE HONORABLE COURT:
Plaintiff/Counter-Defendant Nutrishare, Inc. ("Nutrishare") and Defendants/Counter-Claimants Connecticut General Life Insurance Company and CIGNA Health and Life Insurance Company ("CIGNA") (collectively, "Parties") hereby stipulate as follows:
WHEREAS, on May 18, 2015, this Court issued an Order that modified the expert and fact discovery deadlines in its February 20, 2015 Amended Pretrial Scheduling Order in the interests of justice pursuant to stipulation of the Parties.
WHEREAS, per the March 18, 2015 Order and February 20, 2015 Order, the pretrial deadlines were set as follows:
• July 24, 2015 — Expert disclosure
• July 31, 2015 — Rebuttal expert disclosure
• September 18, 2015 — Discovery cutoff
• October 21, 2015 — Dispositive motion filing deadline
• November 18, 2015 — Motion hearing date
• January 6, 2016 — Joint pretrial statement due
• January 13, 206 — Final pre-trial conference
• February 22, 2016 — Trial
WHEREAS, the Parties have conducted a substantial amount of discovery, including written discovery, document production and the setting of depositions pursuant to Federal Rule of Civil Procedure 30(b)(6) for July 30, 2015 and July 31, 2015. Written discovery and document production have led to discovery disputes which the Parties continue to attempt to resolve informally and without involvement of the Court, but significant issues have arisen that may prompt the Parties ultimately to file motions to compel/motions for protective order.
WHEREAS, the Parties have also begun to engage their respective experts/consultants, and to prepare expert reports in advance of the expert disclosure deadline.
WHEREAS, the Parties have continued their informal settlement discussions and now believe they have made enough progress in these discussions so that a productive mediation can be held. The Parties have agreed to retain Hon. Edward A. Infante (Ret.) as the mediator and have scheduled the mediation for September 24, 2015, the earliest date that the mediator, counsel and the parties were all available.
WHEREAS, the Parties request an extension of the current trial deadlines to permit the Parties to attempt to resolve this matter at the September 24 mediation but prior to incurring the substantial costs of FRCP 30(b)(6) and other depositions, further written and document discovery (including e-discovery), and expert discovery.
IT IS HEREBY STIPULATED by and between Nutrishare and CIGNA through their respective counsel of record to extend the current trial deadlines as follows:
• October 2, 2015 — Expert disclosure
• October 9, 2015 — Rebuttal expert disclosure
• November 20, 2015 — Discovery cutoff
• January 13, 2016 — Dispositive motion filing deadline
• February 10, 2016 — Motion hearing date
• March 16, 2016 — Joint pretrial statement due
• March 23, 2016 — Final pre-trial conference
• April 20, 2016 — Trial
IT IS SO STIPULATED.
ORDER AS MODIFIED BY THE COURT
The Court having considered the Parties' Joint Stipulation, and good cause appearing, finds that the current trial deadlines in the May 18, 2015 Order and February 20, 2015 Amended Pretrial Scheduling Order should be extended in the interests of justice.
IT IS HEREBY ORDERED that the current expert and fact deadlines be modified as follows:
• October 2, 2015 — Expert disclosure
• October 9, 2015 — Rebuttal expert disclosure
• November 20, 2015 — Discovery cutoff
• January 12, 2016 — Dispositive motion filing deadline
• February 9, 2016 — at 9:30 a.m. — Motion hearing date
• March 18, 2016 — Joint pretrial statement due
• March 25, 2016 — at 11:00 a.m. — Final pre-trial conference
• May 2, 2016 — at 9:00 a.m. — Trial
IT IS SO ORDERED.
