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Stewart v. Property and Casualty Insurance Company of Hartford, 2:17-cv-02418-TLN-KJN. (2019)

Court: District Court, E.D. California Number: infdco20190111a22 Visitors: 24
Filed: Jan. 10, 2019
Latest Update: Jan. 10, 2019
Summary: STIPULATION AND ORDER TO STAY PROCEEDINGS TROY L. NUNLEY , District Judge . 1. Pursuant to Eastern District of California L.R. 143 and L.R. 144, Plaintiff and Defendant hereby stipulate to continue the fact discovery cutoff and other case deadlines as outlined below. 2. At the outset of this case, the Court set a number of discovery and pretrial deadlines. See, ECF No. 7. During the course of this action, the parties stipulated to extend the discovery deadline multiple times, including ext
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STIPULATION AND ORDER TO STAY PROCEEDINGS

1. Pursuant to Eastern District of California L.R. 143 and L.R. 144, Plaintiff and Defendant hereby stipulate to continue the fact discovery cutoff and other case deadlines as outlined below.

2. At the outset of this case, the Court set a number of discovery and pretrial deadlines. See, ECF No. 7. During the course of this action, the parties stipulated to extend the discovery deadline multiple times, including extensions provided to address Ms. Stewart's significant health problems. ECF Nos. 13, 23.

3. Despite those stipulations the parties have engaged in significant discovery. Ms. Stewart participated in her deposition on July 24, 2018, which is currently scheduled to be completed on January 15, 2019. Two property inspections have occurred on July 24 and December 7, 2018. The parties have also engaged in significant written discovery, including requests for production of documents and written interrogatories.

4. However, Ms. Stewart continues to suffer from significant health problems. She has had major dental surgery that impacted her mental acuity and required her to take significant medication. Over the last few months, Ms. Stewart has also suffered heart issues that have required the involvement of medical personnel and multiple rounds of subsequent cardiac tests. Ms. Stewart has also recently learned that she has skin cancer, and has been undergoing regular treatments. She suffers from a racing heart, anxiety and a lack of sleep. She does not want to delay this case, but needs to address these very serious health issues that impact her ability to participate in discovery.

5. On December 14, 2018, the Court entered an order granting a Stipulation filed by the parties to reschedule dates and deadlines in the litigation. ECF No. 23. Good cause exists to impose a stay of those deadlines for a short period of 3-to-4 months to let Ms. Stewart address her health concerns. The following chart lists the current deadlines, and the proposed new deadlines:

Event Current Deadline Proposed New Deadline Stay Lifts April 15, 2019 Plaintiff's Deposition January 15, 2019 April 30, 2019 (in Sacramento) Discovery Cut-Off February 8, 2019 June 17, 2019 Settlement Conference February 12, 2019 Same Expert Witness March 8, 2019 July 12, 2019 Deadline Supplemental Expert March 29, 2019 August 2, 2019 Deadline Dispositive Motion May 16, 2019 September 13, 2019 Deadline

10. The parties also propose to maintain on calendar the date of the settlement conference scheduled for February 12, 2019.

11. Two other continuances have been requested and granted, one of which related to Ms. Stewart's health issues.

12. Good cause exists for granting this stay and extending the above deadlines to accommodate settlement negotiations and the scheduling of Plaintiff's continued deposition and additional discovery when her health permits.

ORDER

The Pretrial Scheduling Order is hereby MODIFIED as follows:

Discovery Cut-Off June 17, 2019 Settlement Conference February 12, 2019 at 9:00 AM before Magistrate Judge Kendal J. Newman (Same) Expert Witness Deadline July 12, 2019 Supplemental Expert Deadline August 2, 2019 Dispositive Motion Deadline September 19, 2019
Source:  Leagle

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