Opinion
1:22-cv-00165-DAD-EPG
01-24-2023
LANCE ANDERSON, as Guardian Ad Litem of MAURINE ANDERSON, Plaintiff, v. ALLIANZ LIFE INSURANCE COMPANY OF NORTH AMERICA, and DOES 1 through 50, inclusive, Defendants.
WILKINS DROLSHAGEN & CZESHINSKI LLP James H. Wilkins Attorneys for Plaintiff, LANCE ANDERSON, as Guardian ad Litem for MAURINE ANDERSON LEWIS BRISBOIS BISGAARD & SMITH LLP Julian J. Pardini Stephen J. Liberatore Attorneys for Defendant, ALLIANZ LIFE INSURANCE COMPANY OF NORTH AMERICA
WILKINS DROLSHAGEN & CZESHINSKI LLP James H. Wilkins Attorneys for Plaintiff, LANCE ANDERSON, as Guardian ad Litem for MAURINE ANDERSON
LEWIS BRISBOIS BISGAARD & SMITH LLP Julian J. Pardini Stephen J. Liberatore Attorneys for Defendant, ALLIANZ LIFE INSURANCE COMPANY OF NORTH AMERICA
REQUEST TO MODIFY SCHEDULING ORDER (FRCP RULE 16) AND ORDER
(ECF NO. 19)
Pursuant to FRCP 16(b)(4), Plaintiff, LANCE ANDERSON, as Guardian Ad Litem of MAURINE ANDERSON and Defendant ALLIANZ LIFE INSURANCE COMPANY OF NORTH AMERICA (collectively, “the Parties”) by and through their counsel, hereby request to modify the initial Scheduling Order issued on May 26, 2022 by Magistrate Judge Erica P. Grosjean for the following good cause shown:
1. In accordance with the May 26, 2022 initial Scheduling Order, and on November 9, 2022, the Parties participated in a Mid-Discovery conference with Magistrate Judge Erica P. Grosjean. At that time the parties expected and agreed
that they should be able to complete the nonexpert discovery by the existing February 17, 2023, cutoff date.
2. In early December 2022, and despite being fully vaccinated, Plaintiff's counsel came down with a rather significant case of COVID. Plaintiff's counsel was out of the office for more than 10 days and not able to perform his normal activities as counsel for his clients. As a result, and with the scheduling issues impacted with the seasonable holidays, the depositions the Parties expected to take during December had to be put off until the first week in January 2023.
3. In addition, during the first round of depositions, it was discovered that additional Allianz witnesses, that had not been identified in the initial Rule 26 disclosures, need to be deposed.
4. Efforts to get the needed additional Allianz depositions were delayed because of Defense counsel's need to deal with other serious family health/medical issues.
5. It now appears that the identified additional depositions will not be completed until mid to late February. It is anticipated that this discovery may lead to the need to take further depositions.
6. The Parties have made diligent efforts to have nonexpert discovery completed without undue delays. Despite their diligent efforts to do so and as such, the Parties request all discovery, expert and dispositive motion dates be continued by approximately 90 days. The Parties do not anticipate this brief continuance will impact the current Pretrial Conference scheduled for December 11, 2023 or the trial date of February 13, 2024.
The Parties propose the following schedule:
Discovery Deadlines:
Non-Expert Discovery:
Currently: Proposed New Cutoff:
February 17, 2023 May 23, 2023
Expert Disclosures:
Currently: Proposed New Cutoff:
March 10, 2023 June 12, 2023
Rebuttal Expert Disclosures:
Currently: Proposed New Cutoff:
April 7, 2023 July 14, 2023
Expert Discovery Cutoff:
Currently: Proposed New Cutoff:
May 26, 2023 August 31, 2023
Dispositive Motion Filing Deadline
Currently: Proposed New Cutoff:
July 10, 2023 September 5, 2023
Pre-Trial Conference (unchanged):
December 11, 2023 Time: 1:30 p.m. Dept: 5
Trial (unchanged):
February 13, 2024 Time: 8:30 a.m. Dept: 5
ORDER
Based on the parties' stipulation (ECF No. 19), the Court's scheduling order (ECF No. 13) is modified as follows:
Event
Former Date/Deadline
New Date/Deadline
Non-Expert Discovery
February 17, 2023
May 23, 2023
Expert Disclosures
March 10, 2023
June 12, 2023
Rebuttal Expert Disclosures
April 7, 2023
July 14, 2023
Expert Discovery Cutoff
May 26, 2023
August 31, 2023
Dispositive Motion Filing
July 10, 2023
September 5, 2023
December 11, 2023
February 12, 2024, at 1:30 p.m. Courtroom 1, before District Judge Ana de Alba
Trial
February 13, 2024
April 16, 2024, at 8:30 a.m. Courtroom 1, before District Judge Ana de Alba
The Court notes that the parties have not asked to extend the pretrial conference or trial dates. However, with the extension of the dispositive motion filing deadline, the Court extends the pretrial conference and trial dates to allow sufficient time to rule on any dispositive motions.
With the reassignment of this case to District Judge Ana de Alba (ECF No. 14), the parties are directed to review her standing order, which addresses her requirements for pretrial conferences and trials. It is available on the Court's website at the following address: https://www.caed.uscourts.gov/caednew/assets/File/ADA/ADA%20Standing%20Order 12162 022.pdf.
IT IS SO ORDERED.