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Sell v. Nationwide Mutual Insurance Co.

February 9, 2010

WANDA A. SELL, INDIVIDUALLY AND A TRUSTEE OF THE NANCY A. MUHS TRUST, PLAINTIFFS,
v.
NATIONWIDE MUTUAL INSURANCE COMPANY, AND DOES 1 THROUGH 10, INCLUSIVE, DEFENDANTS



Assigned to Honorable Garland E. Burrell, Jr. STIPULATION AND ORDER AMENDING THE STATUS [PRETRIAL SCHEDULING] ORDER TO EXTEND THE DEADLINE FOR THE PARTIES TO EXCHANGE EXPERT WITNESS DISCLOSURES AND REPORTS AND TO EXTEND THE DISCOVERY COMPLETION DATE Trial: January 11, 2011

STIPULATION AND ORDER AMENDING THE STATUS [PRETRIAL SCHEDULING] ORDER

Defendant, Nationwide Mutual Insurance Company ("Nationwide"), and Plaintiff, Wanda A. Sell ("Plaintiff"), through their respective counsel of record, jointly submit the following stipulation and order to amend the Status (Pretrial Scheduling) Order to extend the deadline for the parties to exchange expert witness disclosures and reports by 60 days and to extend the discovery completion date by 30 days. The Stipulation is made pursuant to Federal Rules of Civil Procedure 6(b) and 16(b)(4), Local Rules 83-143 and 6-144, and the Status (Pretrial Scheduling) Order entered herein.

BRIEF STATEMENT OF CASE

This action was filed on April 10, 2009. This is a dispute involving a Farm Policy issued to named insured Nancy A. Muhs, owner of 87 acres of a ranch located at 13091 Willow Glen Road, Stockton, California (the "Property"), by Defendant for policy periods August 7, 2007 to August 8, 2008. Nancy A. Muhs passed away in 2005 and the Property was place in the Nancy A. Muhs Trust (the "Trust").

Plaintiff, trustee and beneficiary of the Trust, contends Defendant incorrectly denied Plaintiffs' tender of defense in connection with an underlying Petition filed by Rigoberto Ocequeda, next living successor to the Property, against Plaintiff demanding possession of the Property and claiming Plaintiff has not occupied the Property as her residence, pursuant to the alleged terms of the Trust (the "Underlying Action"). Plaintiff also alleges Defendant denied the claim in bad faith.

Defendant contends there is no potential for coverage of the Underlying Action under the policy at issue and therefore no duty to defend. To the extent Plaintiff claims there is or could be a duty to indemnify, Defendant contends the policy does not provide coverage. Defendant further contends its claims decision was reasonable and there is, at a minimum, a genuine issue of liability under the policy.

SCHEDULING ORDER

On August 10, 2009, the parties filed a Joint Status Report which included a proposed scheduling order. On August 14, 2009, this Court entered a Status (Pretrial Scheduling) Order which set forth the following pre-trial and trial deadlines:

1. Initial Expert Disclosures: February 19, 2010

3. Rebuttal Expert Disclosures: March 22, 2010

4. Completion of Discovery: June 10, 2010

5. Deadline to Hear Dispositive Motions: August 2, 2010

6. Final Pre-Trial Conference: ...


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