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Gonsalves v. Nationwide Mutual Insurance Co.

United States District Court, Ninth Circuit

May 23, 2013

GARY GONSALVES, Plaintiff,
v.
NATIONWIDE MUTUAL INSURANCE COMPANY, Defendants.

CARL P. BLAINE (SBN 65229), ERIC R. GARNER (SBN 131232), WAGNER KIRKMAN BLAINE, KLOMPARENS & YOUMANS LLP, Mather, California, M. GABRIEL McFARLAND, EVANS & McFARLAND, LLC, Golden, Colorado, Attorney for Plaintiff Gary Gonsalves.

MARC S. HINES (SBN 140065), CHRISTINE M. EMANUELSON (SBN 221269). BRIAN PELANDA (SBN 278453), HINES CARDER LLP, Costa Mesa, California, Attorneys for Defendants, NATIONWIDE MUTUAL INSURANCE COMPANY.

STIPULATION TO TAKE THE DEPOSITION OF CHUCK SLAVONIC AFTER THE DISCOVERY CUT-OFF DATE OF JUNE 7, 2013; ORDER THEREON TO THE COURT, ALL PARTIES AND THEIR RESPECTIVE COUNSEL OF RECORD:

MORRISON C. ENGLAND, Jr., Chief District Judge.

IT IS HEREBY STIPULATED AND AGREED to, by and between the parties to this action, through their respective attorneys of record, HINES CARDER for Defendant, Nationwide Mutual Insurance Company ("NATIONWIDE"), and WAGNER KIRKMAN BLAINE, KLOMPARENS & YOUMANS LLP, and EVANS & McFARLAND, LLC, for Plaintiff Gary Gonsalves ("Plaintiff"), that NATIONWIDE's deposition of Chuck Slavonic may take place after the present discovery cut-off deadline of June 7, 2013, but in any event no later than July 19, 2013.

1. This case involves a first-party insurance coverage dispute arising out of a homeowner's insurance policy NATIONWIDE issued to Plaintiff covering a residential property Plaintiff owned in Grass Valley, California. The loss at issue stems from a fire that occurred at Plaintiff's residence in February 2009.

2. Pursuant to this Court's Pretrial Scheduling Order dated September 10, 2012 [Doc. #11], the last day to conduct discovery herein is June 7, 2013.

3. On May 3, 2013, NATIONWIDE served Chuck Slavonic with a subpoena to testify at a deposition to take place on May 16, 2013 in Sacramento, California. Mr. Slavonic is the general contractor who prepared the cost estimate Plaintiff relies on for his claim for damages against NATIONWIDE. Mr. Slavonic is not a party to this action.

4. On May 3, 2013, NATIONWIDE's counsel spoke with Mr. Slavonic via telephone to discuss the scheduling of his deposition. Mr. Slavonic informed counsel that he is in the process of recovering from a serious knee-replacement operation on one of his legs, and that he is currently scheduled to undergo another knee-replacement operation on his other leg on May 13, 2013. According to Mr. Slavonic, he presently has very limited ability to leave his home because of his recovery. Furthermore, based on the experience he had with his previous knee-replacement operation, Mr. Slavonic indicated that he anticipates the medication he will be prescribed for several weeks after his surgery on May 13, 2013 will make it very difficult for him to testify at a deposition before June 7, 2013. However, Mr. Slavonic indicated he is willing and believes he will be able to testify at a deposition in this matter by the end of June 2013.

5. On May 7, 2013, NATIONWIDE's counsel met and conferred with Plaintiff's counsel via email and informed Plaintiff's counsel as to Mr. Slavonic's present inability to testify at a deposition prior to the discovery cut-off deadline of June 7, 2013. Plaintiff's counsel and NATIONWIDE's counsel therefore agreed to stipulate to allow Mr. Slavonic's deposition to occur after the present discovery cut-off deadline pursuant to Federal Rule of Civil Procedure 29(b).

6. The parties do not wish to modify the Scheduling Order in any way other than by allowing the deposition of Chuck Slavonic to take place after the present discovery cut-off deadline so that Mr. Slavonic will be capable of attending and testifying at a deposition. All other depositions and discovery will be completed before the June 7, 2013 deadline.

7. Pursuant to the Pretrial Scheduling Order, the disclosure date for expert witnesses is not until August 7, 2013. The parties agree that allowing NATIONWIDE's deposition of Mr. Slavonic to occur after the present discovery cut-off date will not interfere with the preparation of their respective expert disclosures, so long as Mr. Slavonic's deposition takes place on or before July 19, 2013.

8. Pursuant to the Pretrial Scheduling Order, the Final Pretrial Conference is set for February 6, 2013. The parties agree that allowing NATIONWIDE's deposition of Mr. Slavonic to occur after the present discovery cut-off date will not interfere with their preparation for the Final Pretrial Conference, so long as Mr. Slavonic's deposition takes place on or before July 19, 2013.

9. Therefore, the Parties agree and hereby stipulate, subject to the Court's approval, that NATIONWIDE's deposition of Chuck Slavonic may take place beyond the present discovery cut-off deadline of June 7, 2013, but in any event must be completed on or before July 19, 2013.

IT IS SO STIPULATED.

ORDER

Based on the above Stipulation, and good cause appearing,

IT IS ORDERED that the Stipulation to Take the Deposition of Chuck Slavonic After the Discovery Cut-off Date of June 7, 2013, the terms of which are set forth above, is approved by this Court pursuant to Federal Rule of Civil Procedure 29(b), and that Mr. Slavonic's deposition may take place beyond the present discovery cut-off deadline of June 7, 2013, but in any event must be completed on or before July 19, 2013.

IT IS SO ORDERED.


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