Bentson v. Sunbeam Products, Inc., No. 4:2022cv04129 - Document 37 (N.D. Cal. 2023)

Court Description: ORDER GRANTING 36 STIPULATION FOR EXTENSION OF TIME FOR PRETRIAL DATES Close of Expert Discovery due by 5/26/2023. Close of Fact Discovery due by 6/16/2023. Dispositive Motion due by 6/16/2023. Motion Hearing set for 7/28/2023 09:00 AM in Oakland, Courtroom 1, 4th Floor before Judge Yvonne Gonzalez Rogers. Signed by Judge Yvonne Gonzalez Rogers on 4/12/2023. (eac, COURT STAFF) (Filed on 4/12/2023)

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Bentson v. Sunbeam Products, Inc. Doc. 37 1 JOSEPH R. CORIATY (SBN 291682) jcoriaty@goldbergsegalla.com 2 GOLDBERG SEGALLA LLP 777 S. Figueroa Street, Suite 2000 3 Los Angeles, CA 90017-5818 Mailing Address: 4 P.O. Box 17220 Los Angeles, CA 90017 5 Telephone: 213-415-7200 Facsimile: 213-415-7299 6 7 Attorneys for Defendant SUNBEAM PRODUCTS, INC. 8 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA – OAKLAND DIVISION 11 12 ANDREA BENTSON, an individual, Plaintiff, 13 GOLDBERG SEGALLA LLP P.O. Box 17220 Los Angeles, CA 90017 213-415-7200 14 v. 15 16 SUNBEAM PRODUCTS, INC., a Florida corporation, 17 Defendant. 18 Case No. 4:22-cv-04129-YGR District Judge Yvonne Gonzalez Rogers JOINT STIPULATION FOR EXTENSION OF TIME FOR PRETRIAL DATES AND PROPOSED ORDER Complaint filed: 07/14/2022 Trial date: 09/11/2023 19 20 21 Plaintiff Andrea Bentson (“Plaintiff”) and Sunbeam Products, Inc. 22 (“Sunbeam”), (collectively, the “Parties”) hereby stipulate, subject to the approval 23 of the Court, to an extension governing the deadlines for ADR Completion; Expert 24 Discovery; Close of Discovery; and Hearings on Dispositive Motions/Daubert 25 Motions, currently set forth in The Case Management and Pretrial Order (Doc No. 26 25) and Order Granting Joint Stipulation for Extension of Time to Complete ADR 27 28 -1JOINT STIPULATION FOR EXTENSION OF TIME FOR PRETRIAL DATES AND PROPOSED ORDER Case No. 4:22-cv-04129-YGR Dockets.Justia.com 1 (Doc No. 32) (“Stipulation”). In support of the Stipulation, the Parties state as 2 follows: 1. 3 Plaintiff filed her complaint for personal injuries on July 14, 2022. 4 (Doc 1-3). Defendant Sunbeam filed an answer to the complaint on August 10, 2022. 5 (Doc 13). 2. 6 Trial in this matter is set for September 11, 2023. (Doc. 25). This 7 Stipulation does not request a change of the trial date. 3. 8 On October 28, 2022, a case management conference took place. On 9 November 1, 2022, the Court issued a case management and pretrial order containing GOLDBERG SEGALLA LLP P.O. Box 17220 Los Angeles, CA 90017 213-415-7200 10 the following deadlines: 11 - ADR TO BE COMPLETED BY: Friday, March 3, 2023; 12 - EXPERT DISCOVERY CUTOFF: Friday, April 14, 2023; 13 - CLOSE OF DISCOVERY: Friday, May 5, 2023; 14 - DISPOSITIVE MOTIONS/DAUBERT MOTIONS TO BE HEARD BY: 15 Friday, June 2, 2023 16 - PRETRIAL COMPLIANCE DEADLINE: Friday, August 4, 2023 17 - JOINT PRETRIAL CONFERENCE STATEMENT: Friday, August 11, 2023 18 - PRETRIAL CONFERENCE: Friday, August 25, 2023 19 - TRIAL DATE : Monday, September 11, 2023 20 (See Doc 25). 21 4. On February 24, 2023, the Court signed an Order extending the ADR 22 deadline to April 7, 2023. (Doc 32). 23 5. The Parties wish to extend the deadlines for ADR Completion; Expert 24 Discovery; Close of Discovery; and Hearings on Dispositive Motions/Daubert 25 Motions. Neither of the Parties will be prejudiced by such extensions. 26 27 28 -2JOINT STIPULATION FOR EXTENSION OF TIME FOR PRETRIAL DATES AND PROPOSED ORDER Case No. 7:22-cv-04129-YGR 1 6. On January 25, 2023, the parties participated in a joint evidence exam 2 involving the subject product. Examination of the product revealed the identity of 3 the manufacturer of the subject product. Pursuant to a Supply Agreement between 4 the manufacturer of the product and Sunbeam, Sunbeam tendered the defense and 5 indemnity of this matter to the source manufacturer and its insurance carrier for 6 which Sunbeam is named as an additional insured. Since, and indeed before January 7 25, 2023, Sunbeam has placed the manufacturer of the subject product and its 8 insurance carrier on notice of the instant pending litigation and continues to await a 9 response from the manufacturer and its carrier. 10 7. Parties are working to schedule Plaintiff’s deposition in April of 2023. 11 8. The requested extensions are required to involve the appropriate 12 entities who are contractually obligated to defend and indemnify Sunbeam in this 13 matter to participate in the discovery process, ADR and settlement discussions GOLDBERG SEGALLA LLP P.O. Box 17220 Los Angeles, CA 90017 213-415-7200 14 outside of ADR. The parties are unable to engage in meaningful settlement 15 discussions while Sunbeam’s tender is pending. Proceeding while Sunbeam’s tender 16 is pending will prejudice both parties. 17 9. The Parties note that extending these deadlines will not affect the 18 Pretrial Compliance Deadline, Joint Pretrial Conference Statement Deadline, 19 Pretrial Conference Date, or the Trial Date, set forth in the Court’s Case 20 Management and Pretrial Order (Doc. No. 25). 21 10. The Parties have requested and were granted one previous continuance 22 of the ADR Completion deadline. No other requests for extensions have been made 23 by the Parties. 24 11. So that Parties can complete their discovery, investigation, and trial 25 preparation, and in turn have sufficient information from which to engage in a 26 27 28 -3JOINT STIPULATION FOR EXTENSION OF TIME FOR PRETRIAL DATES AND PROPOSED ORDER Case No. 7:22-cv-04129-YGR 1 meaningful mediation, Parties jointly request an extension of the deadlines for ADR 2 Completion; Expert Discovery; Close of Discovery; and Hearings on Dispositive 3 Motions/Daubert Motions. 4 Accordingly, IT IS HEREBY AGREED, STIPULATED, AND 5 REQUESTED THAT by and between the parties signatory to this Joint Stipulation, 6 the following deadlines be extended as follows: 7 1. ADR COMPLETION be extended from Friday, April 7, 2023 to 8 Friday, May 19, 2023. 9 2. EXPERT DISCOVERY CUTOFF be extended from Friday, April 14, 10 2023 to Friday, May 26, 2023. 11 3. CLOSE OF DISCOVERY be extended from Friday, May 5, 2023 to 12 Friday, June 16, 2023. 13 4. PREFILLING CONFERENCE FOR DISPOSITIVE MOTION GOLDBERG SEGALLA LLP P.O. Box 17220 Los Angeles, CA 90017 213-415-7200 14 (Pursuant to Judge Rogers’ Standing order, section 9(a)) be set for Friday, June 16, 15 2023, with moving party’s notice letter due Wednesday, June 7, 2023. 16 5. DISPOSITIVE MOTIONS/DAUBERT MOTIONS HEARING 17 DEADLINE be extended from Friday, June 2, 2023 to Friday, July 28, 2023. 18 19 20 Dated: April 5, 2023 GOLDBERG SEGALLA LLP 21 22 By: 23 24 /s/ Joseph R. Coriaty JOSEPH R. CORIATY Attorneys for Defendant SUNBEAM PRODUCTS, INC. 25 26 27 -4JOINT STIPULATION FOR EXTENSION OF TIME FOR PRETRIAL DATES AND ORDER Case No. 7:22-cv-04129-YGR 28 1 DATED: April 5, 2023 JOHNSON BECKER PLLC 2 3 By: 4 5 6 /s/ Adam J. Kress (w/ permission) ADAM J. KRESS Admission Pro Hac Vice to be Filed Associated Counsel for Plaintiff ANDREA BENTSON 7 8 9 SIGNATURE CERTIFICATION I, JOSEPH R. CORIATY, hereby attest pursuant to Local Rule 5-1(i)(3) that 10 the concurrence to the filing of this document has been obtained from each signatory 11 hereto. 12 Executed this day of April 5, 2023, at Los Angeles, California. 13 GOLDBERG SEGALLA LLP P.O. Box 17220 Los Angeles, CA 90017 213-415-7200 14 Dated: April 5, 2023 GOLDBERG SEGALLA LLP 15 16 By: 17 18 /s/ Joseph R. Coriaty JOSEPH R. CORIATY Attorneys for Defendant SUNBEAM PRODUCTS, INC. 19 20 21 22 23 24 25 26 27 -5JOINT STIPULATION FOR EXTENSION OF TIME FOR PRETRIAL DATES AND ORDER Case No. 7:22-cv-04129-YGR 28 ORDER 1 Pursuant to the parties’ Joint Stipulation, and good cause appearing, the 2 3 Court hereby orders as follows: 4 1. ADR COMPLETION be extended from Friday, April 7, 2023 to 5 Friday, May 19, 2023. 6 2. EXPERT DISCOVERY CUTOFF be extended from Friday, April 14, 7 2023 to Friday, May 26, 2023. 8 3. CLOSE OF DISCOVERY be extended from Friday, May 5, 2023 to 9 Friday, June 16, 2023. 10 4. PREFILLING CONFERENCE FOR DISPOSITIVE MOTION 11 (Pursuant to Judge Rogers’ Standing order, section 9(a)) be set for Friday, June 16, 12 2023, with moving party’s notice letter due Wednesday, June 7, 2023. 13 5. DISPOSITIVE MOTIONS/DAUBERT MOTIONS HEARING GOLDBERG SEGALLA LLP P.O. Box 17220 Los Angeles, CA 90017 213-415-7200 14 DEADLINE be extended from Friday, June 2, 2023 to Friday, July 28, 2023. 15 In addition, the Court makes the further Orders stated below: 16 17 18 19 20 21 IT IS SO ORDERED. 22 April 12, 2023 23 Dated:_______________ _________________________________ 24 District Judge Yvonne Gonzalez Rogers 25 26 27 28 -6JOINT STIPULATION FOR EXTENSION OF TIME FOR PRETRIAL DATES AND PROPOSED ORDER Case No. 7:22-cv-04129-YGR

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