Opinion
Karen L. Uno (State Bar No. 117410), Renee C. Callantine (State Bar No. 155991), MECKLER BULGER TILSON MARICK & PEARSON LLP, San Francisco, CA, Attorneys for Defendant, ALLIED PROPERTY AND CASUALTY INSURANCE COMPANY.
McCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP Jay A. Christofferson, Attorney for Plaintiff, NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA.
STIPULATION AND ORDER TO CONTINUE DISCOVERY CUT-OFF
KENDALL J. NEWMAN, Magistrate Judge.
The parties, by and through their attorneys, hereby request a short continuance of the discovery cutoff to allow completion of discovery properly noticed and served so as to comply with the present discovery cutoff of June 14, 2013. The parties request the discovery cutoff be extended to June 28, 2013. This extension will not affect or interfere with any other dates scheduled by the court, such as the deadline for dispositive motions or the trial date. It is the first request made by the parties in this action.
Good cause exists to allow a short continuance of the discovery cutoff. The parties have been diligent in pursuing discovery, and have already completed written discovery and taken two depositions. Additional depositions are scheduled and a couple more will likely noticed in the next few days. The parties are engaged in a discovery dispute and have been attempting to resolve it informally for the last few months. Progress has been made and it is possible that the parties may be able to resolve the dispute without court intervention. There is, however, a motion to compel further production of underwriting documents by plaintiff Nation Union on calendar. The hearing date has been expedited to June 11 by the court but, even with the expedited date, it seems unlikely that the parties will be able to obtain the disputed documents in time to prepare for and take the depositions of the underwriters. Moreover, National Union has objected to the underwriters depositions and a motion to compel on that issue may ultimately be necessary. The parties would also like to attempt to resolve this dispute without resorting to law and motion, and thus the additional two weeks would assist with that endeavor.
For these and other valid reasons, the parties respectfully request that the current discovery cutoff of June 14, 2013 be extended to June 28, 2013.
ORDER
GOOD CAUSE APPEARING, it is ordered that the discovery cutoff, currently set for June 14, 2013, is moved to June 28, 2013. All other dates established by the Court's Scheduling Order remain in effect.
IT IS SO ORDERED.