Opinion
2:21-cv-00928-WBS-JDP
06-07-2022
EXACT PROPERTY AND CASUALTY COMPANY, Plaintiff, v. UNION PACIFIC RAILROAD COMPANY, and DOES 1-10, inclusive, Defendants.
STRATMAN, SCHWARTZ & WILLIAMS-ABREGO Lina Davidian, Esq. SHOOK, HARDY & BACON L.L.P. Eva M. Weiler Ryan J. Williams
STRATMAN, SCHWARTZ & WILLIAMS-ABREGO
Lina Davidian, Esq.
SHOOK, HARDY & BACON L.L.P.
Eva M. Weiler
Ryan J. Williams
JOINT STIPULATION AND ORDER TO MODIFY SCHEDULING ORDER DEADLINES
[ECF NO. 16]
WILLIAM B. SHUBB, UNITED STATES DISTRICT JUDGE
TO THE COURT, ALL PARTIES AND THEIR COUNSEL OF RECORD:
Plaintiff, Exact Property and Casualty Company (“Plaintiff” or “Exact”), and Defendant, Union Pacific Railroad (“Union Pacific”) (collectively, the “Parties”), by and through their respective counsel of record, hereby file their Joint Stipulation to continue deadlines in the Case Management Order (ECF No. 16). The parties are not seeking to continue the Pre-Trial Conference or Trial date.
I. SUMMARY OF THE CASE
Plaintiff commenced this action April 19, 2021 in the San Joaquin Superior Court, asserting three causes of action, negligence, violations of health and safety codes, and trespass against Union Pacific, related to a fire that occurred on July 5, 2020, in Stockton, California on Plaintiff's insured's property. Plaintiff alleges it is the proper party as it is the subrogee under a property insurance policy for a homeowner whose property was damaged in the fire. On July 15, 2021, Union Pacific filed an answer to Plaintiff's complaint.
II. GOOD CAUSE EXISTS FOR A SHORT CONTINUANCE OF THE DEADLINES CONTAINED IN THE SCHEDULING ORDER
WHEREAS, the current expert disclosure deadline is June 17, 2022;
WHEREAS, the current rebuttal expert disclosure is July 15, 2022;
WHEREAS, the current discovery cut-off is August 19, 2022;
WHEREAS, the current motion cut-off is October 7, 2022;
WHEREAS, the Parties need additional time to conduct depositions prior to disclosure of experts and reports, including depositions of the Stockton Fire Department Fire Investigator and Captain, along with third-party percipient witnesses whose whereabouts are currently not known, but being investigated;
WHEREAS, the Parties have worked diligently to formally and informally conduct discovery in this matter, including Initial Disclosures, and written discovery, the origin of the fire is still in dispute;
WHEREAS, the Parties believe that a sixty (60) day extension of the above deadlines is necessary and desirable to ensure adequate time for the Parties to conduct relevant discovery; and
WHEREAS, for these reasons, good cause exists to extend the above deadlines by sixty (60) days.
III. PROPOSED MODIFICATION TO THE SCHEDULING ORDER
Below are the deadlines with the current and proposed date.
DEADLINE
CURRENT DATE
PROPOSED DATE
Initial Expert Report
June 17, 2022
August 16, 2022
Rebuttal Expert Report
July 15, 2022
September 13, 2022
Discovery Cut-Off
August 19, 2022
October 18, 2022
Motion Cut-Off
October 7, 2022
November 7, 2022
IT IS SO STIPULATED
ORDER
IT IS SO ORDERED. The dates are modified as follows:
DEADLINE
NEW DATE
Initial Expert Report
August 16, 2022
Rebuttal Expert Report
September 13, 2022
Discovery Cut-Off
October 18, 2022
Motion Cut-Off (for filing)
November 7, 2022
Pretrial Conference
January 30, 2023 at 1:30 p.m.
Jury Trial
March 28, 2023 at 9:00 a.m.