Filed: Jun. 11, 2018
Latest Update: Jun. 11, 2018
Summary: STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES (in compliance with LR 26-4) (FIRST REQUEST) PEGGY A. LEEN , Magistrate Judge . IT IS HEREBY STIPULATED AND AGREED, by and between plaintiff/counter-defendant EMPLOYERS MUTUAL CASUALTY COMPANY ("Plaintiff'), by and through its attorneys THE GRAD LAW FIRM, defendant/counter-claimant/cross-claimant ZURICH AMERICAN INSURANCE COMPANY ("Zurich"), by and through its attorneys MORALES FIERRO & REEVES, and defendants/cross-defendants CATLIN SPECI
Summary: STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES (in compliance with LR 26-4) (FIRST REQUEST) PEGGY A. LEEN , Magistrate Judge . IT IS HEREBY STIPULATED AND AGREED, by and between plaintiff/counter-defendant EMPLOYERS MUTUAL CASUALTY COMPANY ("Plaintiff'), by and through its attorneys THE GRAD LAW FIRM, defendant/counter-claimant/cross-claimant ZURICH AMERICAN INSURANCE COMPANY ("Zurich"), by and through its attorneys MORALES FIERRO & REEVES, and defendants/cross-defendants CATLIN SPECIA..
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STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES (in compliance with LR 26-4)
(FIRST REQUEST)
PEGGY A. LEEN, Magistrate Judge.
IT IS HEREBY STIPULATED AND AGREED, by and between plaintiff/counter-defendant EMPLOYERS MUTUAL CASUALTY COMPANY ("Plaintiff'), by and through its attorneys THE GRAD LAW FIRM, defendant/counter-claimant/cross-claimant ZURICH AMERICAN INSURANCE COMPANY ("Zurich"), by and through its attorneys MORALES FIERRO & REEVES, and defendants/cross-defendants CATLIN SPECIALTY INSURANCE COMPANY, GREENWICH INSURANCE COMPANY, and XL INSURANCE AMERICA, INC., ("XL Catlin"), by and through its attorneys DUANE MORRIS LLP, that the deadlines in the Stipulated Discovery Plan and Scheduling Order (ECF No. 29) be extended as provided herein.
A. DISCOVERY COMPLETED
The parties, through counsel, participated in a Fed. R. Civ. P. 26(f) conference on February 9, 2018 and are currently engaged in a considerable amount of written discovery, as outlined below.
Discovery Propounded to Date:
Party Discovery Served
Plaintiff Initial Disclosures (to all parties) April 27, 2018
Catlin Initial Disclosures (to all parties) April 27, 2018
Zurich Initial Disclosures (to all parties) April 27, 2018
Catlin First Interrogatories, Requests for Production, and May 4, 2018
Requests for Admissions to Zurich
Catlin First Interrogatories, Requests for Production, and May 4, 2018
Requests for Admissions to Plaintiff
Plaintiff First Interrogatories, Requests for Production, and May 8, 2018
Requests for Admissions to Greenwich Ins. Co.
Plaintiff First Interrogatories, Requests for Production, and May 8, 2018
Requests for Admissions to Catlin Specialty Ins. Co.
Plaintiff First Interrogatories, Requests for Production, and May 8, 2018
Requests for Admissions to XL Insurance America, Inc.
Plaintiff First Interrogatories and Requests for Production to Zurich Mav 9, 2018
Zurich First Interrogatories, Requests for Production, and May 17, 2018
Requests for Admissions to Catlin Specialtv Ins. Co.
Zurich First Interrogatories, Requests for Production, and May 17, 2018
Requests for Admissions to Greenwich Ins. Co.
Zurich First Requests for Production, and Requests for May 17, 2018
Admissions to XL Insurance America, Inc.
Zurich First Interrogatories and Request for Production to Plaintiff Mav 17, 2018
Zurich First Interrogatories to XL Insurance America, Inc. Mav 22, 2018
B. DISCOVERY TO BE COMPLETED
In the event mediation, scheduled to take place on July 23, 2018, is unsuccessful, the parties anticipate retaining, disclosing, and deposing experts, and taking multiple Fed. R. Civ. P. 30(b)(6) depositions.
C. REASONS WHY DISCOVERY WILL NOT BE COMPLETED WITHIN DEADLINES SET FORTH IN SCHEDULING ORDER
Pursuant to LR 26-4, a request to extend a discovery deadline within 21 days of the subject deadline must be supported by good cause. Good cause exists here as the parties have agreed to mediate this matter on July 23, 2018, with Ross Hart at AMCC, prior to incurring the considerable expenses associated with retaining experts, taking expert and Fed. R. Civ. P. 30(b)(6) depositions, and engaging in expert discovery. The parties are hopeful that incurring such expenses only in the event mediation is unsuccessful will assist in potentially bridging the gap for settlement. An obstacle the parties face, however, is the initial expert disclosure deadline is currently scheduled for June 22, 2018, over one-month prior to the scheduled mediation.
Additionally, this action involves a relatively complex insurance coverage dispute involving multiple insurers stemming from a multi-million dollar settlement arising from the alleged corrosion of fuel tanks. Furthermore, the parties have collectively preliminarily identified dozens of likely witnesses (many of which will likely need to be deposed prior to trial), and have produced—and continue to produce—documents. Finally, the parties anticipate Plaintiff producing additional documents once a stipulated protective order is in place, which the parties are currently working on.
Thus, for the numerous reasons outlined herein, the parties have agreed that at least a three-month (90 day) extension of all remaining discovery deadlines is warranted. As such, the parties have stipulated and agreed to extend discovery deadlines, as outlined below.
D. PROPOSED SCHEDULE FOR COMPLETING ALL REMAINING DISCOVERY
ACTIVITY CURRENT DEADLINE PROPOSED DEADLINE
Initial Experts June 22, 2018 September 20, 2018
Rebuttal Experts July 23, 2018 October 22, 2018
Close of Discovery August 21, 2018 November 19, 2018
Dispositive Motion Deadline September 20, 2018 December 19, 2018
Pretrial Order (if no October 22, 2018 January 18, 2019
dispositive motions are filed)
IT IS SO STIPULATED.
IT IS SO ORDERED.
