Amazing Ins., Inc. v. DiManno

Opinion

Benjamin K. Mason (State Bar No. 289066) Daniel J. Ban (State Bar No. 172521) 2600 W. Geronimo Pl., Ste. 100 Chandler, AZ 85224

Telephone: 480.320.1254 Facsimile: 480.505.0926 ben@morleymason.com dban@morleymason.com Attorneys for Amazing Insurance, Inc. and Third-Party Defendants

AMAZING INSURANCE, INC, a Georgia Case No. 2:19-cv-01349-TLN-CKD corporation, Plaintiff/Counterclaim Defendant, v. CONSENT MOTION TO MODIFY MICHAEL A. DiMANNO, an individual, DISCOVERY DEADLINES; and ACCUIRE, LLC, a Florida limited ORDER liability company, Defendants/Counterclaim Plaintiffs. __________________________________ MICHAEL A. DiMANNO, an individual, and ACCUIRE, LLC, a Florida limited

liability company,

Counterclaim Plaintiffs,

v.

VIKASH JAIN, an individual, GERALD DOUGLAS ANDERTON, an individual, KARA CHILDRESS, an individual, and ALEX CAMPOS, an individual, Third-Party Defendants.

Plaintiff Amazing Insurance, Inc. and Third-Party Defendants (collectively, in this document, “Plaintiff”) file the following Consent Motion to Modify Discovery Deadlines:

The parties’ efforts to complete discovery in this case have becom e much more fruitful over

the last several weeks and months, but unfortunately require short extension of the current deadlines

in order to be completed. Defendants consent to the relief sought herein.

The Court entered an Initial Pretrial Scheduling Order on July 18, 2019 (the “Pretrial

Order”). ECF No. 3. The Pretrial Order set a number of discovery deadlines, keyed off trial dates

and Answer dates. Id. On January 31, 2020, the parties filed a Joint Status Report providing for

different discovery deadlines. ECF No. 33. The Court did not adopt or agree to these deadlines;

therefore, the governing deadlines were those from the Pretrial Order. The Court then issued ECF

No. 43 which set new discovery deadlines in this matter. On December 30, 2020, in response to a

Joint Motion to Extend Time to Complete Discovery, the Court issued ECF No. 78, which set new

discovery deadlines in this matter. On March 1, 2021, the parties consented to a further extension

of discovery deadlines, after which the Court then issued ECF No. 81. On March 31, 2021, the

court issued ECF No. 83 which set new discovery deadlines in this matter. On May 10, 2021, the

court issued ECF No. 85 which set new discovery deadlines in this matter. On June 25, 2021, the

parties consented to a further extension of discovery deadlines, after which the Court issued ECF

No. 89, which set new discovery deadlines in this matter. On August 26, 2021, the parties consented

to a further extension of discovery deadlines, after which the Court issues ECF No. 93, which set

new discovery deadlines in this matter. On November 2, 2021, the parties consented to a further

extension of discovery deadlines, after which the Court issues ECF No. 95, which set new discovery

deadlines in this matter.

This Court has broad discretion to amend to govern the pretrial phase of litigation before it, “The district court is given broad discretion in supervising the pretrial phase of litigation, and its decisions regarding the preclusive effect of a pretrial order . . . will not be disturbed unless they evidence a clear abuse of discretion.” Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 607

(9th Cir. 1992) (citing Miller v. Safeco Title Ins. Co.,758 F.2d 364, 369 (9th Cir. 1985)). As stated

by the Court itself, and by case law, the Court can modify its pretrial o rder on a showing of good

cause, “A pretrial order controls the subsequent course of the action unless modified `upon a

showing of good cause.'“ Amerisourcebergen Corp. v. Dialysist West, Inc., 445 F.3d 1132, 1135 n.

1 (9th Cir. 2006) (citing ElHakem v. BJY Inc.,415 F.3d 1068, 1077 (9th Cir.2005); Zivkovic v. S.

Cal. Edison Co.,302 F.3d 1080, 1087 (9th Cir. 2002)), petition for cert. filed, 74 U.S.L.W. 3407

(U.S. Oct. 19, 2005) (No. 05-84); see also Arsement v. Spinnaker Exploration Co.,400 F.3d 238,

245 (5th Cir.2005) (“It goes without saying that a pre-trial order controls the scope and course of

trial.. . .”).

The parties have exchanged discovery responses, and further supplemental responses are

expected. Many of the expected nine (or more) contemplated depositions have been completed, and

the parties are actively communicating through counsel and working to accommodate the taking of

said depositions. However, Plaintiff’s/Third-Party Defendants’ counsel has recently been severely

ill with a non-Covid viral illness, which put him out of the office for more than a week and which

continues to trouble him. This illness, in combination with an upcoming trial by Defendants’

counsel, and with the Christmas holidays, make it almost impossible for the parties to complete

discovery by the currently deadlines.

Based on this, Plaintiff and Third-Party Defendants, and Defendants, each through counsel,

have agreed that the parties would request an extension of deadlines. Plaintiff therefore respectfully

asks the Court to modify the discovery deadlines as follows:

Deadline ECF No. 95 New Deadline Requested by Parties Initial ED xpis ec ro t v De ir sy c losures D Fe ec be rm uab re yr 23 81 ,, 22 00 22 21 M Ma arc yh 3 3 11 , , 2 2 00 22 22 Supplemental Expert March 28, 2022 June 30, 2022 Disclosures Dispositive Motions May 16, 2022 August 15, 2022

WHEREFORE, Plaintiff prays this Court grant the relief detailed above, as to which all

parties consent.

DATED this 6th day of December, 2021. MORLEY MASON, PLC By: /s/ Benjamin K Mason Benjamin K. Mason

Attorneys for Amazing Insurance, Inc. and All Third-Party Defendants

] CERTIFICATE OF CONFERRAL I certify that, on December 3, 2021, and again on December 6, 2021, I communicated with John Shoreman, counsel for Defendants, wherein Mr. Shoreman represented to me that Defendants donot oppose the relief sought. Mr. Shoreman confirmed his approval of this filing via text message to me on December 6, 2021. By: Benjamin K Mason Benjamin K Mason □□ / IT IS SO ORDERED: “ \/ Lu Dated: December 7, 2021 AN United States District Judge