Opinion
2:15-cv-01786-APG-DJA
08-23-2023
ALLSTATE INSURANCE COMPANY, ALLSTATE PROPERTY & CASUALTY INSURANCE COMPANY, ALLSTATE INDEMNITY COMPANY, and ALLSTATE FIRE & CASUALTY INSURANCE COMPANY, Plaintiffs, v. RUSSELL J. SHAH, M.D.; DIPTI R. SHAH, M.D.; RUSSELL J. SHAH, MD, LTD.; DIPTI R. SHAH, MD, LTD.; and RADAR MEDICAL GROUP, LLP dba UNIVERSITY URGENT CARE, Does 1-100, and ROES 101-200, Defendants.
FAIN ANDERSON VANDERHOEF ROSENDAHL O'HALLORAN SPILLANE PLLC ERON Z. CANNON JENNIFER M. SMITROVICH JONATHAN W. CARLSON TODD W. BAXTER GREGORY S. MASON McCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH Attorneys for Plaintiffs/Counterdefendants BAILEY KENNEDY DENNIS L. KENNEDY JOSEPH A. LIEBMAN JOSHUA P. GILMORE TAYLER D. BINGHAM Attorneys for Defendants & Counterclaimant
AND RELATED CLAIMS.
FAIN ANDERSON VANDERHOEF ROSENDAHL O'HALLORAN SPILLANE PLLC
ERON Z. CANNON
JENNIFER M. SMITROVICH
JONATHAN W. CARLSON
TODD W. BAXTER
GREGORY S. MASON
McCORMICK, BARSTOW,
SHEPPARD, WAYTE & CARRUTH
Attorneys for Plaintiffs/Counterdefendants
BAILEY KENNEDY
DENNIS L. KENNEDY
JOSEPH A. LIEBMAN
JOSHUA P. GILMORE
TAYLER D. BINGHAM
Attorneys for Defendants & Counterclaimant
STIPULATION AND ORDER TO EXTEND DEADLINE TO FILE JOINT PRETRIAL ORDER
(FIRST REQUEST)
Defendants and Counterclaimant Russell J. Shah, M.D., Dipti R. Shah M.D., Russell J. Shah, MD, Ltd., Dipti R. Shah, MD, Ltd., and Radar Medical Group, LLP d/b/a University Urgent Care (collectively, the “Radar Parties”) and Plaintiffs/Counterdefendants Allstate Insurance Company, Allstate Property & Casualty Insurance Company, Allstate Indemnity Company, and Allstate Fire & Casualty Insurance Company (collectively, the “Allstate Parties”), by and through their respective attorneys of record, stipulate and agree as follows:
1. On December 16, 2022, the parties filed the following dispositive motions:
a. Radar filed its Motion for Summary Judgment Regarding Allstate's Failure to File an Answer to the Amended Counterclaims [ECF No. 457] (“Radar MSJ No. 1”);
b. The Allstate Parties filed their Motion for Summary Judgment as to both counterclaims alleged by Radar [ECF No. 458] (“Allstate MSJ”); and c. The Radar Parties filed their Motion for Summary Judgment on Allstate's Causes of Action in its First Amended Complaint [ECF Nos. 460/461] (“Radar MSJ No. 2”); 2. On July 17, 2023, the Court entered its decisions on these motions, as follows:
a. The Court entered an Order [ECF No. 581] denying Radar MSJ No. 1;
b. The Court entered an Order [ECF No. 582] denying Allstate MSJ; and c. The Court entered an Order [ECF No. 583] addressing Radar MSJ No. 2. The Order was (and currently remains) sealed by the Court pending a motion filed by any party seeking to seal all or portions of the Order;
Neither the Radar Parties nor the Allstate Parties moved to seal any portion of the Order within the time set by the Court for doing so.
3. Pursuant to LR 26-1(b)(5), a joint pretrial order must be filed 30 days after a decision on dispositive motions or further court order - i.e., by August 16, 2023;
4. Based on the Order addressing Radar MSJ No. 2 and due to the number of items to be addressed by the parties in the joint pretrial order under LR 16-3(b), the parties seek to extend the deadline to file the joint pretrial order until 90 days after a written decision from the Court on the joint status report to be submitted by the parties pursuant to the Order addressing Radar MSJ No. 2;
Either by separate stipulation and proposed order or through the joint pretrial order, the parties will propose deadlines for filing motions in limine and serving pretrial disclosures and objections thereto.
5. This is the first request to extend the deadline for filing the joint pretrial order; and
6. This stipulation is submitted in good faith and not to delay the proceedings.
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
IT IS SO ORDERED.