From Casetext: Smarter Legal Research

Exact Prop. & Cas. Co. v. Union Pac. R.R. Co.

United States District Court, Eastern District of California
Jun 7, 2022
2:21-cv-00928-WBS-JDP (E.D. Cal. Jun. 7, 2022)

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.


Summaries of

Exact Prop. & Cas. Co. v. Union Pac. R.R. Co.

United States District Court, Eastern District of California
Jun 7, 2022
2:21-cv-00928-WBS-JDP (E.D. Cal. Jun. 7, 2022)
Case details for

Exact Prop. & Cas. Co. v. Union Pac. R.R. Co.

Case Details

Full title:EXACT PROPERTY AND CASUALTY COMPANY, Plaintiff, v. UNION PACIFIC RAILROAD…

Court:United States District Court, Eastern District of California

Date published: Jun 7, 2022

Citations

2:21-cv-00928-WBS-JDP (E.D. Cal. Jun. 7, 2022)