Amazing Ins., Inc. v. DiManno

Opinion

1 Benjamin K. Mason (State Bar No. 289066) Daniel J. Ban (State Bar No. 172521) 2 MORLEY MASson, PLC 3 2600 W. Geronimo Pl., Ste. 100 Chandler, AZ 85224 4 Telephone: 480.320.1254 Facsimile: 480.505.0926 5 bmason@morleymason.com 6 dban@morleymason.com . documents@morleymason.com 7 orders(@morleymason.com Attorneys for Amazing Insurance, Inc. 8 and Third-Party Defendants 9 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA AMAZING INSURANCE, INC, a Georgia Case No. 2:19-cv-01349-TLN-CKD 4 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. WVIKASH JAIN, an individual, GERALD DOUGLAS ANDERTON, an individual, KARA CHILDRESS, an individual, and ALEX CAMPOS, an individual, Third-Party Defendants.

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l Plaintiff Amazing Insurance, Inc. and Third-Party Defendants (collectively, in this 2 document, “Plaintiff’) file the following Consent Motion to Modify Discovery Deadlines: 4 The parties’ efforts to complete discovery in this case have become much more fruitful over 5 the last several weeks and months, but unfortunately require short extension of the current deadlines 6 in order to be completed. Defendants consent to the relief sought herein. 8 The Court entered an Initial Pretrial Scheduling Order on July 18, 2019 (the “Pretrial 9 Order”). ECF No. 3. The Pretrial Order set a number of discovery deadlines, keyed off trial dates 10. and Answer dates. Jd. 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 13. 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 courtissued 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 toa 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 issued ECF No. 95, which set new discovery deadlines in this matter. On December 6, 2021, the parties consented to a further extension of discovery deadlines, after which the Court issued ECF No. 99, which set new discovery deadlines in this matter. On March 15, 2022, the parties consented to a further extension of discovery deadlines, after which the Court issued ECF No. 103, which set new discovery deadlines in this matter.

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] 3 This Court has broad discretion to amend to govern the pretrial phase of litigation before it, 4 “The district court is given broad discretion in supervising the pretrial phase of litigation, and its 5 decisions regarding the preclusive effect of a pretrial order . . . will not be disturbed unless they 6 evidence a clear abuse of discretion.” Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 607 7 (9th Cir. 1992) (citing Miller v. Safeco Title Ins. Co.,758 F.2d 364, 369 (9th Cir. 1985)). As stated 8 by the Court itself, and by case law, the Court can modify its pretrial order on a showing of good 9 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 (th Cir. 2006) (citing E/Hakem vy. 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, a Motion to Consolidate this case with Case no 2:18-cv-02066-TLN- CKD has been filed and set for hearing on 6/16/2022, the outcome of which would modify further the discovery deadlines and responsibilities in this case. 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: Requested by Parties

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1 Initial Expert Disclosures July 15, 2022 October 13, 2022 5 Supplemental Expert August 14, 2022 November 12, 2022 Disclosures 3 September 29, 2022 December 28, 2022 > WHEREFORE, Plaintiff prays this Court grant the relief detailed above, as to which all 6 parties consent. 7 DATED this 10th day of May, 2022. 8 MORLEY MAsgn, PLC 9 By: Benyamin Mason M&ei_ey- Mason, PLC Attorneys for Amazing Insurance, Inc. and All Third-Party Defendants

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I certify that, on May 10, 2022, I communicated with John Shoreman, counsel for Defendants, wherein Mr. Shoreman represented to me that Defendants do not oppose the relief sought. Mr. Shoreman confirmed his approval of this {uirppvia email to me on May 10, 2022. Cc _ By:_¥ pdnjami> K. Mason

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CERTIFICATE OF SERVICE [hereby certify that on May 10, 2022, I served a true and correct copy of the foregoing via ECF filing email on all counsel of record. f= By: jamin K. Mason SO ORDERED. () ) “ Yo hicaun DATED: May 11, 2022 — MAN □□ Troy L. Nunley United States District Judge

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