UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION
July 27, 2009
ALLSTATE INSURANCE COMPANY, PLAINTIFF,
ANTONIO ARELLANO, DEFENDANT.
The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge
STIPULATION AND [PROPOSED] ORDER TO CONTINUE DESIGNATION OF EXPERT WITNESSES AND REBUTTAL DATES
Pursuant to Federal Rule of Civil Procedure 16(b)(4) and Eastern District Local Rules 83-143 and 6-144, plaintiff Allstate Insurance Company and defendant Antonio Arellano, through their respective counsel of record, hereby stipulate as follows, and good cause existing, respectfully request that the Court approve their stipulation:
WHEREAS the parties have been diligently pursuing discovery and investigation in this matter; and
WHEREAS the current date for designation of expert witnesses is July 31, 2009 and the date for rebuttal disclosures is August 31, 2009; and
WHEREAS third-party witnesses have filed motions to quash the subpoenas served on the University of California at Davis Medical Center and on Dreyer, Babich, Buccola & Callaham, LLP; and
WHEREAS there is not yet a hearing date on the aforementioned motions to quash and none of the subpoenaed documents have been produced; and
WHEREAS the subpoenaed documents are expected to aid the parties' experts' in forming their opinions but will not be produced before the dates set by the Court for designation of expert witnesses or rebuttal, thus necessitating extension of the designation of expert witnesses and rebuttal dates; and
WHEREAS an extension of the designation of expert witnesses and rebuttal dates will not prejudice the parties' ability to prepare for trial or require a continuance of the trial date:
NOW, THEREFORE, the parties stipulate and agree that:
(1) Good cause exists for a 60-day extension of the designation of expert witnesses and rebuttal expert disclosure dates, including written reports pursuant to Federal Rule of Civil Procedure Rule 26 (a)(2)(B), in that the subpoenaed documents are expected to allow the parties' experts to develop more fully-formed opinions;
(2) The designation of expert witnesses deadline shall be extended from July 31, 2009 to September 29, 2009;
(3) The rebuttal expert disclosure deadline shall be extended from August 31, 2009 to October 29, 2009;
(4) If this stipulation is not approved by the Court by July 30, 2009, then the stipulation shall have no effect and the parties will adhere to the existing schedule.
Dated: July 24, 2009
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