Opinion
2:15-cv-2265-MMD-DJA
02-24-2023
ALLSTATE INSURANCE COMPANY, ALLSTATE PROPERTY & CASUALTY INSURANCE COMPANY, ALLSTATE INDEMNITY COMPANY, and ALLSTATE FIRE & CASUALTY INSURANCE COMPANY, Plaintiffs, v. MARJORIE BELSKY, MD; MARIO TARQUINO, MD; MARJORIE BELSKY, MD, INC., doing business as INTEGRATED PAIN SPECIALISTS; and MARIO TARQUINO, MD, INC., DOES 1-100, and ROES 101-200, Defendants. AND RELATED CLAIMS
JONATHAN W. CARLSON TODD W. BAXTER GREGORY S. MASON McCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP ERON Z. CANNON FAIN ANDERSON VANDERHOEF ROSENDAHL O'HALLORAN SPILLANE PLLC
JONATHAN W. CARLSON
TODD W. BAXTER
GREGORY S. MASON
McCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP
ERON Z. CANNON
FAIN ANDERSON VANDERHOEF
ROSENDAHL O'HALLORAN SPILLANE PLLC
STIPULATION AND ORDER TO EXTEND THE DEADLINE FOR DISPOSITIVE MOTIONS
[SEVENTEENTH REQUEST]
Plaintiffs and Counterdefendants, ALLSTATE INSURANCE COMPANY, ALLSTATE PROPERTY & CASUALTY INSURANCE COMPANY, ALLSTATE INDEMNITY COMPANY, and ALLSTATE FIRE & CASUALTY INSURANCE COMPANY (hereinafter “Allstate Parties”), and Defendants and Counterclaimants MARJORIE BELSKY, M.D., MARIO TARQUINO, M.D., MARJORIE BELSKY, M.D., INC. d/b/a INTEGRATED PAIN SPECIALISTS, and MARIO TARQUINO, M.D., INC. (hereinafter “Belsky Parties”), by and through their respective attorneys of record, stipulate and agree to extend the March 10, 2023, deadline for dispositive motions beyond the date set forth in the October 21, 2022 Order Extending Discovery [ECF No. 507] to March 31, 2023.
1. Due to scheduling conflicts, the parties have yet to complete the deposition of Dennis Prince, which was scheduled for January 10, 2023, however, Mr. Prince was not available at that time due to a conflict. The parties have agreed to take the continued deposition sometime in the early part of March. A final date is being worked out.
2. Further, due to work load issues over the last two months, the holiday season and scheduling conflicts for respective counsel for the Allstate Parties (Todd W. Baxter) and the Belsky Parties (Samuel R. Mirkovich), and in light of the critical importance of the Belsky Parties' motion as to Allstate's claims herein and the Allstate Parties' motion on the Belsky Parties' counterclaims, an extension of time is necessary to complete work on the motions.
3. For example, starting on January 30, 2023 through February 4, 2023, counsel for the Allstate Parties unexpectedly had a medical issue that arose leading to a limited work schedule. That has since resolved. In addition Mr. Baxter was in trial during the week of February 6, 2023 in Tulare County Superior Court in Visalia, California. Mr. Baxter is also preparing oppositions to two extensive motions for summary judgment filed in the case of Allstate et. al. v. Shah, etal., also venued with this Court, which are scheduled to be filed on March 3, 2023.
4. Although counsel for the Allstate Parties and the Belsky Parties have been diligently working on the motions, additional time is needed due to unanticipated work-related issues and scheduling conflicts.
5. The parties stipulate and agree to extend the deadline for dispositive motions from March 10, 2023 to March 31, 2023.
6. This stipulation is made in good faith and not to delay the proceedings.
IT IS SO ORDERED.