Castro v. State Farm General Insurance Company, 4:15-cv-05728 WHO. (2017)
Court: District Court, N.D. California
Number: infdco20170317a80
Visitors: 7
Filed: Mar. 16, 2017
Latest Update: Mar. 16, 2017
Summary: STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND DISCOVERY DATES AND ORDER WILLIAM H. ORRICK , District Judge . TO THE COURT AND ALL PARTIES AND THEIR ATTORNEYS OF RECORD: This stipulation to continue the Case Management Conference and discovery dates in the above-referenced matter is made and entered into by and between plaintiff Floyd Castro ("Castro"), and defendant State Farm General Insurance Company ("State Farm"), referred to collectively as the "Parties." RECITALS 1. WHER
Summary: STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND DISCOVERY DATES AND ORDER WILLIAM H. ORRICK , District Judge . TO THE COURT AND ALL PARTIES AND THEIR ATTORNEYS OF RECORD: This stipulation to continue the Case Management Conference and discovery dates in the above-referenced matter is made and entered into by and between plaintiff Floyd Castro ("Castro"), and defendant State Farm General Insurance Company ("State Farm"), referred to collectively as the "Parties." RECITALS 1. WHERE..
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STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND DISCOVERY DATES AND ORDER
WILLIAM H. ORRICK, District Judge.
TO THE COURT AND ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
This stipulation to continue the Case Management Conference and discovery dates in the above-referenced matter is made and entered into by and between plaintiff Floyd Castro ("Castro"), and defendant State Farm General Insurance Company ("State Farm"), referred to collectively as the "Parties."
RECITALS
1. WHEREAS, trial counsel for State Farm, Stephen P. Ellingson, has just learned that he must undergo open heart surgery on Tuesday, March 21, 2017, and as part of his recovery, will not be able to drive until mid to late May, 2017;
2. WHEREAS, this matter is currently scheduled for a Case Management Conference to be held on April 11, 2017, at 2:00 p.m. in the above referenced Court;
3. WHEREAS, the current discovery cutoff is May 1, 2017;
4. WHEREAS, the current deadline to exchange expert disclosures is May 1, 2017;
5. WHEREAS, the current expert discovery cutoff is August 18, 2017;
6. WHEREAS, the parties have substantially completed written discovery and State Farm intends to file its motion for summary judgment, or in the alternative, partial summary judgment in time to have it heard by the current dispositive motion deadline of June 28, 2017;
7. WHEREAS, the parties agree that if State Farm's motion for summary judgment, or partial summary judgment is granted in whole or in part, it may obviate the need for the parties to incur the cost of retaining experts and engaging those experts to prepare the narrative expert report required by FRCP 26(a)(2) and the depositions of such experts. It may also obviate the need to depose fact witnesses. The parties wish to litigate this matter in a cost effective manner and avoid unnecessary expert retention expenses and attorneys fees and costs.
8. For these reasons, the parties have agreed to stipulate to certain revisions to the Court's Pretrial Order to accommodate trial counsel's unexpected need for open heart surgery and avoid incurring the expense of expert disclosures and other discovery that may not be necessary before the resolution of State Farm's motion for summary judgment, or in the alternative, partial summary judgment.
Accordingly, the parties hereby stipulate to revising the Scheduling Order as follows.
II.
STIPULATION
The parties hereby stipulate to the following revisions to the court's Scheduling Order:
1. Case management conference May 30, 2017
(currently April 11, 2017)
2. Dispositive motions heard by: June 28, 2017
(remains the same)
3. Factdiscoverycutoff: July 28, 2017
(currently May 1, 2017)
4. Expert disclosure: July 28, 2017;
(currently May 1, 2017)
5. Expert discovery cutoff: September 1, 2017
(currently August 18, 2017)
6. The Court's Pretrial Order dated March 24, 2016 otherwise remains in effect.
ORDER
Pursuant to the stipulated request by all Parties to this action and good cause appearing, the Court ORDERS that the case management conference set for April 11, 2017 is hereby continued to May 30, 2017, at 2:00 p.m.
The Pretrial Order of March 24, 2016 is also hereby revised as follows:
1. Fact discovery cutoff: July 28, 2017
(currently May 1, 2017)
2. Expert disclosure: July 28, 2017;
(currently May 1, 2017)
3. Expert discovery cutoff: September 1, 2017
(currently August 18, 2017)
4. The Court's Pretrial Order dated March 24, 2016 otherwise remains in effect.
IT IS SO ORDERED.
Source: Leagle
