The opinion of the court was delivered by: Judge: Hon. Lawrence K. Karlton
STIPULATION AND ORDER TO MODIFY THE COURT'S JUNE 13, 2012 SCHEDULING ORDER Date: TBA Time: TBA Dept.: Courtroom 4, 15th Floor
Plaintiff Robert Watts ("Plaintiff") and defendants Allstate Insurance Company, Allstate
Indemnity Company and Allstate Property & Casualty Insurance Company (collectively "Allstate"), by and through their respective counsel of record, hereby stipulate and agree as follows 5 and respectfully request that the Court approve and give effect to their stipulation: 6 WHEREAS, pursuant to the Court's scheduling order of June 13, 2012, Plaintiff's motion 7 for class certification was to be filed on or before August 27, 2012; 8 WHEREAS, on August 27, 2012, Allstate and Plaintiffs engaged in discussions regarding 9 whether Allstate would need to move for a protective order requiring that some of Plaintiff's 10 supporting exhibits be filed under seal; 11 12 WHEREAS, Plaintiff has filed his Notice of Motion, [Proposed] Order, Memorandum of Law, four supporting declarations with exhibits and three supporting declarations without their exhibits, and has served and lodged with the Court the as-yet-unfiled exhibits of concern to Allstate; WHEREAS, Plaintiff is agreeable to allowing Allstate a brief period of time in which to file 16 a motion for protective order; 17
WHEREAS, a brief modification of the scheduling order for the completed filing of all 18 pleadings, declarations and exhibits in support of Plaintiff's Motion for Class Certification to allow 19 Allstate time to seek a protective order will result in prejudice to no party; 20 IT IS HEREBY STIPULATED AND AGREED as follows: 21 22 Allstate's motion for protective order shall be filed by Friday, September 14, 2012;
In the event that Allstate does not move for a protective order, Plaintiff's remaining papers 24 supporting his motion for class certification shall be filed by Monday, September 17, 2012.
IT IS HEREBY FURTHER STIPULATED AND AGREED, that should Allstate file 26 motion for protective order, then upon ruling by the Court: (1) plaintiff will file under seal those 27 documents permitted to be so filed by the Court, and (2) if the Court rules that certain documents are not permitted to be sealed, then plaintiffs will file them five days after the Court's ruling, unless (a) 2 the Court directs them to be filed sooner, or (b) Allstate moves for reconsideration and/or appellate 3 review within that five-day period, unless the Court otherwise directs. 4
IT IS FURTHER STIPULATED AND AGREED that all papers filed or which may be filed 5 in support of Plaintiff's motion for class certification are deemed timely filed in full compliance 6 with the Court's scheduling order of June 13, 2012, provided that Plaintiff electronically served
Allstate with those documents on August 27, 2012 or August 28, 2012. Allstate retains the right to 8 assert any other evidentiary objections to those papers, including but not limited to objections to the 9 supporting expert declarations. 10
IT IS SO STIPULATED. 11 12
Dated: September 6, 2012 YORK LAW CORPORATION 13 14 By: /s/ Wendy C. York WENDY C. YORK THE KRALOWEC LAW GROUP KIMBERLY A. KRALOWEC KATHLEEN S. ROGERS ELIZABETH I. NEWMAN Attorneys for Plaintiff ROBERT WATTS Dated: September 6, 2012 SNR DENTON US LLP 20 21 By: /s/ Sonia Martin SONIA MARTIN Attorneys for Defendants
ALLSTATE INDEMNITY COMPANY, ALLSTATE INSURANCE COMPANY, and ALLSTATE PROPERTY AND CASUALTY INSURANCE COMPANY
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