Opinion
1:20-CV-00499-NE-SKO
11-05-2021
DON JUAN FOODS, INC., a California Corporation, Plaintiff, v. AMGUARD INSURANCE COMPANY, a Pennsylvania Corporation; WESTGUARD INSURANCE COMPANY, a Pennsylvania Corporation; and DOES 1-20 inclusive, Defendants.
GORDON REES SCULLY MANSUKHANI, LLP Matthew S. Foy Jennifer N. Wahlgren Attorneys for Defendants AMGUARD INSURANCE COMPANY and WESTGUARD INSURANCE COMPANY. MERLIN LAW GROUP, P.A. Michael J. Ponzo Courtney Abrams Attorneys for Plaintiff DON JUAN FOODS, INC.
GORDON REES SCULLY MANSUKHANI, LLP Matthew S. Foy Jennifer N. Wahlgren Attorneys for Defendants AMGUARD INSURANCE COMPANY and WESTGUARD INSURANCE COMPANY.
MERLIN LAW GROUP, P.A. Michael J. Ponzo Courtney Abrams Attorneys for Plaintiff DON JUAN FOODS, INC.
FOURTH STIPULATION TO EXTEND THE LITIGATION DEADLINES; ORDER (DOC. 35)
SHEILA K. OBERTO UNITED STATES MAGISTRATE JUDGE.
AMGUARD INSURANCE COMPANY and WESTGUARD INSURANCE COMPANY Plaintiff Don Juan Foods, Inc. (“Plaintiff”) and Defendants AmGUARD Insurance Company and WestGUARD Insurance Company (“Defendants”) (collectively “the Parties”) stipulate as follows:
WHEREAS, on July 7, 2020, this Court issued a Scheduling Order setting forth deadlines.
WHEREAS, on November 3, 2020, this Court granted the Parties' stipulation to extend the deadlines for expert discovery only.
WHEREAS, on December 28, 2020, the Parties filed a Stipulation to Modify Scheduling Order to Extend the Litigation Deadlines (“First Stipulation”). On January 18, 2021, this Court granted the Parties' First Stipulation.
WHEREAS, on March 4, 2021, the Parties filed a Second Stipulation to Modify Scheduling Order to Extend the Litigation Deadlines to allow time to complete mediation and to account for potential delays in discovery due to the COVID-19 pandemic (“Second Stipulation”). On March 8, 2021, this Court granted the Parties' Second Stipulation.
WHEREAS, the Parties participated in mediation on May 18, 2021. While the mediation was not successful, the Parties agreed that it was in their best interest to permit further investigation of certain claims in the litigation, and to pursue a further mediation after completion of such investigation. (Declaration of Jennifer Wahlgren (“Wahlgren Decl.”) at ¶¶ 2 -3; ECF No. 32.)
WHEREAS, on June 1, 2021, the Parties filed a Third Stipulation to Extend Litigation Deadlines to allow time to complete investigation of certain claims and to participate in a further mediation (“Third Stipulation”). On June 3, 2021, this Court granted the Parties' Third Stipulation.
WHEREAS, the Parties continued their investigation of claims in the litigation and the Parties' consultants exchanged their reports. A further mediation before Arnie Levinson was scheduled for November 8, 2021. (Wahlgren Decl. at ¶ 4.) Plaintiff's counsel subsequently canceled the November 8, 2021 mediation following the parties' October 13, 2021 telephone conference upon learning Defendant's position remained unchanged. (Abrams Decl. at ¶¶ 18-20.)
WHEREAS, the Parties have met and conferred and agree that in order to allow time to conduct the 18 depositions the parties intend to take now that mediation will not occur, to account for the unavailability of both parties' crucial witnesses during the remainder of the fact discovery period, and in the interests of justice and to promote judicial economy, that the litigation deadlines in this action should be further continued. (Wahlgren Decl. at ¶ 10.)
WHEREAS, the parties have agreed to engage in informal settlement discussions and a settlement conference is scheduled for April 21, 2022.
WHEREAS, based on the foregoing, the Parties seek to continue the current litigation deadlines in this action as follows: /// /// ///
EVENT
CURRENT DEADLINE
PROPOSED DEADLINE
Non-Expert Discovery
December 13, 2021
March 18, 2022
Designation of Opening Experts with Reports
November 12, 2021
February 11, 2022
Designation of Rebuttal Experts with Reports
November 22, 2021
February 28, 2022
Expert Discovery Cutoff
February 11, 2022
June 15, 2022
Non-Dispositive Motion Filing
February 25, 2022
June 8, 2022
Non-Dispositive Motion Hearing
April 6, 2022
July 6, 2022 at 9:30 a.m.
Dispositive Motion Filing
February 25, 2022
June 8, 2022
According to Local Rules
According to Local Rules
Pre-Trial Conference
June 7, 2022
September 13, 2022
Based on the Court's Order of Clarification: No. District Judge Available To Hear Matters (ECF No. 34), the Parties understand that the Dispositive Motion Hearing and Pre-Trial Conference will be vacated by minute order.
IT IS SO STIPULATED.
ORDER
Pursuant to the foregoing Stipulation by the Parties (Doc. 35), and for good cause shown, Fed.R.Civ.P. 16(b)(4), IT IS HEREBY ORDERED that the current litigation deadlines be continued as follows:
EVENT
CURRENT DEADLINE
NEW DEADLINE
Non-Expert Discovery
December 13, 2021
March 18, 2022
Designation of Opening Experts with Reports
November 12, 2021
February 11, 2022
Designation of Rebuttal Experts with Reports
November 22, 2021
February 28, 2022
Expert Discovery Cutoff
February 11, 2022
June 15, 2022
Non-Dispositive Motion Filing
February 25, 2022
June 8, 2022
Non-Dispositive Motion Hearing
April 6, 2022
July 6, 2022 at 9:30 a.m.
Dispositive Motion Filing
February 25, 2022
June 8, 2022
Dispositive Motion Hearing
According to Local Rules
According to Local Rules
Pre-Trial Conference
June 7, 2022
September 13, 2022
IT IS SO ORDERED.