East West Resort Development, et al v Ace American Insurance Company
Filing
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STIPULATION and ORDER 34 extending scheduling dates signed by Judge John A. Mendez on 6/9/2011. Expert Witnesses Disclosures shall be made by 9/13/2011. Parties shall complete one day of Mediation by 8/31/2011. All Discovery to be completed by 10/3 /2011. Second day of Mediation shall take place no later than 11/15/2011. All Dispositive Motions to be filed 11/16/2011 and shall be heard on 1/11/2012 at 9:30 AM. Final Pretrial Conference is CONTINUED to 2/17/2012 at 9:00 AM and Jury Trial is RE-SET for 3/26/2012 at 9:00 AM in Courtroom 6 (JAM). (Marciel, M)
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SEDGWICK LLP
BRUCE D. CELEBREZZE Bar No. 102181
LAURA L. GOODMAN Bar No. 142689
DEAN J. MCELROY Bar No. 213132
ANDREW J. KING Bar No. 253962
bruce.celebrezze@sedgwicklaw.com
laura.goodman@sedgwicklaw.com
dean.mcelroy@sedgwicklaw.com
andrew.king@sedgwicklaw.com
One Market Plaza
Steuart Tower, 8th Floor
San Francisco, California 94105
Telephone: (415) 781-7900
Facsimile: (415) 781-2635
SPROUL TROST LLP
THOMAS G. TROST Bar No. 151961
JASON M. SHERMAN Bar No. 232420
ttrost@sproullaw.com
jsherman@sproullaw.com
3200 Douglas Boulevard, Suite 300
Roseville, California 95661
Telephone: (916) 783-0262
Facsimile: (916) 783-6252
Attorneys for Plaintiffs
EAST WEST RESORT DEVELOPMENT V.,
L.P., NORTHSTAR BIG HORN, LLC,
NORTHSTAR IRON HORSE, LLC, AND
OLD GREENWOOD, LLC
Attorneys for Defendant
ACE AMERICAN INSURANCE
COMPANY
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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EAST WEST RESORT DEVELOPMENT
V., L.P, a Delaware limited partnership;
NORTHSTAR BIG HORN, LLC, a
Delaware limited liability company; and
NORTHSTAR IRON HORSE, LLC, a
Delaware limited liability company; and
OLD GREENWOOD, LLC, a Delaware
limited liability company;
Plaintiffs,
CASE NO. 2:10-CV-01394-JAM-DAD
STIPULATION AND ORDER
EXTENDING PRETRIAL SCHEDULING
AND TRIAL DATES
JUDGE: Hon. John A. Mendez
MAGISTRATE JUDGE: Hon. Dale A. Drozd
____
v.
ACE AMERICAN INSURANCE
COMPANY, a Pennsylvania corporation;
and DOES 1 through 10, inclusive;
Defendants.
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CASE NO. 2:10-CV-01394-JAM-DAD
STIPULATION AND [PROPOSED] ORDER EXTENDING PRETRIAL SCHEDULING AND TRIAL DATES
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TO THE COURT, ALL PARTIES AND THEIR ATTORNEYS OF RECORD: Through
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this stipulation and proposed order, defendant ACE AMERICAN INSURANCE COMPANY
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(“Defendant” or “ACE”) and plaintiffs EAST WEST RESORT DEVELOPMENT V., L.P. (“East
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West”), NORTHSTAR BIG HORN, LLC (“NBH”), NORTHSTAR IRON HORSE, LLC
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(“NIH”), and OLD GREENWOOD, LLC (“Old Greenwood”) (together “Plaintiffs”), collectively
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referred to herein as the “Parties,” stipulate, pursuant to Civil Local Rules 143 and 144, and
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request that the Court enter an Order to extend the pretrial and trial dates as follows, and for the
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reasons described below:
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STIPULATION
WHEREAS, on August 6, 2010, the Court entered its Status (Pre-trial Scheduling) Order
(Docket 11, docketed Aug. 9, 2010), setting forth pretrial and trial dates for this action.
WHEREAS, on May 5, 2011, in light of a pending motion to compel, the Court issued an
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Order (Docket 30, docketed May 6, 2011), that extended by 30 days the deadline for making
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expert witness disclosures under Fed. R. Civ. P. 26(a)(2) and the deadline for making
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supplemental disclosures and disclosures of any rebuttal witnesses under Fed. R. Civ. P.
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26(a)(2)(C).
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WHEREAS, pursuant to the Court’s August 6, 2010, and May 5, 2011 Orders, the
current pretrial and trial schedule is as follows:
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The Parties shall make expert witness disclosures under Fed. R. Civ. P. 26(a)(2)
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by June 13, 2011, and supplemental disclosures and disclosures of any rebuttal witnesses under
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Fed. R. Civ. P. 26(a)(2)(C) by June 20, 2011;
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2.
All discovery shall be completed by July 6, 2011;
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3.
All dispositive motions shall be filed by August 24, 2011;
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4.
Hearing on such motions shall be on September 21, 2011 at 9:30 a.m. in
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Courtroom # 6;
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5.
The final pre-trial conference is set for October 26, 2011 at 3:00 p.m.; and
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6.
Jury trial in this matter is set for December 5, 2011 at 9:00 a.m.
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-1CASE NO. 2:10-CV-01394-JAM-DAD
STIPULATION AND [PROPOSED] ORDER EXTENDING PRETRIAL SCHEDULING AND TRIAL DATES
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WHEREAS, the Parties wish to explore mediation before and after the close of discovery,
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but require a significant extension of time to complete the required discovery, for the reasons
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stated below, and cannot mediate or conduct a trial of this action until the bankruptcy and issues
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impacting the ultimate ownership of Plaintiffs’ claims against ACE are resolved.
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WHEREAS, on October 14, 2010, ACE served its first set of interrogatories and first set
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of requests for production of documents on Plaintiffs East West, NBH, NIH, and Old
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Greenwood, to obtain basic information related to the claims asserted against ACE in this action.
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WHEREAS, on December 21, 2010, Plaintiffs served their written responses to ACE’s
first set of interrogatories and first set of requests for production of documents.
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WHEREAS, Plaintiffs produced documents in response to ACE’s first set of requests on
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February 11, 2011, when Plaintiffs provided a CD containing approximately 1,000 pages of
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documents.
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WHEREAS, on April 11, 2011, ACE received a supplemental production of documents
from Plaintiffs in response to ACE’s first set of requests for production of documents.
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WHEREAS, on April 14, 2011, Plaintiffs NIH, NBH, and Old Greenwood served
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“supplemental” responses to certain interrogatories, which ACE contends failed to remedy the
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key deficiencies in Plaintiffs’ interrogatory responses.
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WHEREAS, ACE filed a motion to compel further responses to its first set of
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interrogatories and its first set of requests for production of documents that was first heard on
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April 22, 2011 and then continued to May 20, 2011.
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WHEREAS, further discovery was provided by Plaintiffs on May 27, 2011 and June 3,
2011.
WHEREAS, Plaintiffs’ supplemental interrogatory responses, served on June 3, 2011,
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identify a large number of claimants or beneficiaries of payments for which Plaintiffs seek
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reimbursement from ACE in this action, and the identification of such claimants/beneficiaries has
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significantly increased the scope of potential third party discovery.
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WHEREAS, ACE will also need to depose numerous parties, including each of the
Plaintiffs, the general contractor, the retained water intrusion consultant, and potentially several
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STIPULATION AND [PROPOSED] ORDER EXTENDING PRETRIAL SCHEDULING AND TRIAL DATES
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other third parties in order to defend itself against Plaintiffs’ claims in this action.
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WHEREAS, on June 3, 2011, plaintiffs NIH, NBH, and Old Greenwood served their first
set of requests for production of documents upon ACE, containing 38 separate requests.
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WHEREAS, the Parties will need additional time in order to explore mediation of this
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action, to complete necessary discovery, file any dispositive motions, and adequately prepare for
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trial under the current case schedule.
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WHEREAS, in light of the foregoing, the Parties will not be in a position to make their
respective expert disclosures until additional discovery is completed.
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WHEREAS, in order to explore the potential for an out-of-court resolution, the Parties
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would also like to amend the case schedule to enable the Parties to engage in mediation, one day
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of which would follow the close of discovery and take place before the filing of any dispositive
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motions.
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WHEREAS, in light of the foregoing, the Parties seek to extend the deadlines for expert
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disclosures and the discovery cut-off by approximately 90 days, to carve out a period after the
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close of discovery and before the filing of any dispositive motions to allow for a mediation to take
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place, and for any such dispositive motions to be filed in November 2011, with the hearing, final
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pretrial conference, and trial dates adjusted to follow accordingly.
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NOW, THEREFORE, pursuant to Local Rules 143 and 144, the Parties jointly request
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and HEREBY STIPULATE that pretrial and trial dates for this action be extended as follows:
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1.
The Parties shall make expert witness disclosures under Fed. R. Civ. P. 26(a)(2) by
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September 13 , 2011, and supplemental disclosures and disclosures of any rebuttal witnesses
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under Fed. R. Civ. P. 26(a)(2)(C) by September 20, 2011;
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2.
The Parties shall complete one day of mediation by August 31, 2011;
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3.
All discovery shall be completed by October 3, 2011;
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4.
A second day of mediation of this matter, to be held after the close of discovery
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and before the filing of any dispositive motions, shall take place no later than November 15,
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2011;
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5.
All dispositive motions shall be filed by November 16, 2011;
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STIPULATION AND [PROPOSED] ORDER EXTENDING PRETRIAL SCHEDULING AND TRIAL DATES
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6.
Hearing on such motions shall be on January 11, 2012, at 9:30 a.m. in Courtroom
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The final pre-trial conference is set for February 17, 2012, at 10:00 a.m..; and
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Jury trial in this matter is set for March 26, 2012 at 9:00 a.m.
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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD:
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# 6;
DATED: June 9, 2011
SEDGWICK LLP
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By: s/ Andrew J. King
Dennis G. Rolstad
Andrew J. King
Attorneys for Defendant
ACE AMERICAN INSURANCE COMPANY
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DATED: June 9, 2011
SPROUL TROST, LLP
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By: s/ Thomas G. Trost
Thomas G. Trost
Attorneys for Plaintiffs
EAST WEST RESORT DEVELOPMENT V., L.P.,
NORTHSTAR BIG HORN, LLC, NORTHSTAR IRON
HORSE, LLC, AND OLD GREENWOOD, LLC
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ORDER ON STIPULATION
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Pursuant to the stipulation of the Parties, and good cause appearing therefor,
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IT IS SO ORDERED.
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Dated: June 9, 2011
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/s/ John A. Mendez________________________
THE HONORABLE JOHN A. MENDEZ
UNITED STATES DISTRICT COURT JUDGE
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STIPULATION AND [PROPOSED] ORDER EXTENDING PRETRIAL SCHEDULING AND TRIAL DATES
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