Carlton v. AmGuard Ins. Co.

• Court: District Court, E.D. California
• Decided: January 7, 2025
• Docket: 2:22-cv-02030
• Status: Unknown

Opinion

John.podesta@wilsonelser.com 2 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP 3 655 Montgomery Street, Suite 900 San Francisco, CA 94111 4 Telephone: 415.433.0990 Facsimile: 415.434.1370 5 Attorneys for Defendant 6 AMGUARD INSURANCE COMPANY

8 UNITED STATES DISTRICT COURT

9 EASTERN DISTRICT OF CALIFORNIA

10 DAN CARLTON, an individual, Case No. 2:22-cv-02030-WBS-DB

11 Plaintiff, AMENDED STIPULATION AND ORDER TO EXTEND DISCOVERY, PRETRIAL DATES 12 v. AND TRIAL DATE SET IN STATUS (PRETRIAL SCHEDULING) ORDER 13 AMGUARD INSURANCE COMPANY, a foreign corporation; and FOURTH REQUEST FOR EXTENSION 14 DOES 1 to 100, inclusive, (CORRECTED SIGNATURES)

15 Defendants.

17 Plaintiff Dan Carlton (“Plaintiff”) and Defendant Amguard 18 Insurance Company (“Defendant”) by and through their respective 19 counsel, hereby stipulate and request the Court to approve their 20 agreement for an extension of the discovery, other pretrial 21 deadlines and trial date as follows: 22 1. On August 3, 2023, the Court issued an order extending 23 Pretrial Scheduling Dates. (Dkt 10) 24 2. On October 30, 2023, the Court issued a second order 25 extending Pretrial Scheduling Dates. (Dkt 12) 26 3. On January 5, 2024, the Court issued a third order 27 extending Pretrial Scheduling Dates. (Dkt 14) 28 2 exchange written discovery, and have met and conferred regarding 3 the production of other claim file documents under Colonial Life 4 & Accident Ins. Co. v. Superior Court (1982) 31 Cal.3d 785. 5 5. Also since the third order, on March 1, 2024, 6 Defendant filed a motion for summary judgment that was heard on 7 May 28, 2024 and denied by the Court on May 30, 2024. (Dkt 22) 8 6. Also since the third order, the parties have discussed 9 a return to mediation in light of the Court’s order denying the 10 Defendant’s motion for summary judgment. The parties have 11 agreed that fact discovery should be completed before they can 12 effectively return to mediation. This includes completion of 13 the depositions of Defendants’ employees begun in December 2023. 14 The parties have agreed that Plaintiff can resume those 15 depositions following the production of all of Defendants’ 16 relevant documents. 17 7. One of the Defendant’s employees has a medical 18 condition that renders her unavailable for deposition until late 19 April or early May 2025. The parties believe that justice will 20 best be served by completing that deposition before initial 21 expert reports are due, and thus seek to continue the current 22 deadlines, pretrial conference date and trial date. 23 8. Good cause therefore exists for the parties’ request 24 because it makes practical sense to complete fact discovery 25 regarding the Defendant’s handling of the claim before returning 26 to mediation. The parties thus jointly request that the Court 27 extend the current deadlines by 2 months for completing factual 28 discovery, by 4 months for disclosing experts, and by 5 months 2 Deadline Current Date Proposed New Date

3 Expert disclosures due January 31, 2025 May 30, 2025 4 Rebuttal expert disclosures February 14, 2025 June 13, 2025 5 Close of factual discovery March 17, 2025 May 16, 2025 6 Last day to file motions March 1, 2024 March 1, 2024 7 Final Pretrial Conference April 21, 2025, August 25, 2025, 1:30 p.m. 1:30 p.m. 8 Trial Date June 24, 2025, November 12, 9 a.m. 2025, 9 a.m. 9 9. Accordingly, the parties stipulate and respectfully 10 request that the Court extend the deadlines as proposed, or 11 alternative dates convenient for the Court. 12 The undersigned filer attest the concurrence in the filing 13 of this document from all signatories and authority to the 14 filing with electronic signatures have been obtained. 15

16 Dated: December 30, 2024 WILSON, ELSER, MOSKOWITZ, 17 EDELMAN & DICKER LLP

18 /s/ John H. Podesta By: 19 JOHN H. PODESTA Attorneys for Defendant 20 AMGUARD INSURANCE COMPANY 21 22 23 24 25 26 27 28 ee NIE IE II IE IIE OO EI OSE I NO 1 |)/Dated: December 30, 2024 2 MURPHY AUSTIN ADAMS SCHOENFELD LLP 4 /a/ Alex F. Stuart 5 By 6 ALEXANDER F. STUART Attorneys for Plaintiff 7 DAN CARLTON 9 10 11 ORDER 12 After considering the stipulation, IT IS HEREBY ORDERED 13 THAT: 14 15 1. For good cause shown, the stipulation is granted; 16 2. The discovery, motion, pretrial and trial dates are 17 ||continued as follows: 18 Expert disclosures due: May 30, 2025 19 Rebuttal expert disclosures due: June 13, 2025 20 Close of factual discovery: May 16, 2025 21 Last day for filing motions: March 1, 2025 22 Final Pretrial Conference: August 25, 2025 at 1:30 p.m. 23 Trial date: November 12, 2025 at 9:00 a.m. ai hhew~ Ah hh □□ □ 25 ||Dated: January 6, 2025 WILLIAM B. SHUBB 6 UNITED STATES DISTRICT JUDGE 27 28 AMENDED STIPULATION AND ORDER TO EXTEND DISCOVERY, PRETRIAL DATES AND TRIAL WAME [DOR waayKRt RH DrRrNaiaRmot 7)