Opinion
Charles R. Messer, Stephen A. Watkins, CARLSON & MESSER LLP, Los Angeles, California, Attorneys for Defendant, CANNON & ASSOCIATES, LLC, dba POLARIS GROUP.
C. Darryl Cordero, CARLSON & MESSER LLP PAYNE & FEARS LLP, Los Angeles, California, Counsel for Plaintiffs.
Donald R. Fischbach, DOWLING AARON INCORPORATED, Fresno, California, Counsel for Plaintiffs.
Mark D. Kruthers, DOWLING AARON INCORPORATED, Fresno, California, Counsel for Plaintiffs.
Eric Michael Kennedy, PAYNE & FEARS LLP, Los Angeles, California, Counsel for Plaintiffs.
Matthew K. Brown, PAYNE & FEARS LLP, Irvine, California, Counsel for Plaintiffs.
Scott Z. Zimmermann, Law Offices of Scott Z. Zimmermann, Los Angeles, California, Counsel for Plaintiffs.
JOINT STIPULATION AND ORDER RE: EXTENSION OF TIME FOR DEFENDANT CANNON & ASSOCIATES, LLC, DBA POLARIS GROUP, TO RESPOND TO DISCOVERY SERVED MAY 5, 2015
SANDRA M. SNYDER, Magistrate Judge.
IT IS HEREBY STIPULATED BY AND BETWEEN Plaintiffs R. FELLEN, INC., dba SUNNYSIDE CONVALESCENT HOSPITAL ("Sunnyside"), and DAKOTA MEDICAL, INC., dba GLENOAKS CONVALESCENT HOSPITAL ("Glenoaks") (Sunnyside and Glenoaks together referred to as "Plaintiffs") and Defendant CANNON & ASSOCIATES, LLC, dba POLARIS GROUP ("Polaris Group"), pursuant to Federal Rules of Civil Procedure 6(b)(1), 29(b) and 83, and Local Rule 143 and 144.
1. On May 5, 2015, Polaris Group was served with Plaintiffs' first set of discovery requests: Sunnyside's First Set of Interrogatories, Sunnyside's First Set of Requests for Admissions, Sunnyside's First Set for Requests for Production, and Glenoaks' First Set of Requests for Admission ("Discovery Requests").
2. Polaris Group's responses were due June 8, 2015.
3. Polaris Group has represented to Plaintiffs that it requires additional time in which to serve its responses to Plaintiffs' Discovery Requests.
4. On May 22, 2015, Plaintiffs' counsel Darryl Cordero agreed to a three-week extension, up to and including June 29, 2015, for Polaris Group to serve responses to the Discovery Requests.
5. On June 25, 2015, counsel for Polaris Group, Charles R. Messer, requested an further extension of time to respond to Plaintiffs' discovery, and Plaintiffs' counsel agreed that Polaris Group could have a 30-day extension to respond to the plaintiff's Discovery Requests, to and including July 29, 2015, on the condition that Polaris Group provide him with weekly updates about Polaris Group's tender to its liability insurer, and about the status of retaining specialists to assist Polaris Group with electronic discovery. Those updates are due July 1, 8, 15, 22, and 29, 2015.
6. Polaris Group represents that the relief it requests herein is intended in good faith and for no dilatory purpose.
7. The relief requested herein should not interfere with the time set for conducting discovery, for motions relating to class certification, for hearing motions, or for trial, and does not modify or interfere with this Court's Status (Pretrial Scheduling) Order [DE 28]. Plaintiffs reserve, however, their right to request extension of these dates in light of this extension.
8. This Court has authority to grant an enlargement of time for good cause under Rule 6(b)(1) of the Federal Rules of Civil Procedure. In the circumstances elaborated, good cause has been shown for the requested enlargement, which will not result in prejudice to any party.
9. Should the Court enter an order approving this stipulation, Polaris Group will provide Plaintiffs' counsel with weekly updates about Polaris Group's tender to One Beacon/Homeland, and about the status of retaining specialists to assist Polaris Group with electronic discovery.
10. Polaris shall have up to and including July 28, 2015, to serve responses and objections to Sunnyside's First Set of Requests for Production, Glenoaks' First Set of Requests for Admission, Sunnyside's First Set of Requests for Admission and Sunnyside's First Set of Interrogatories. Polaris Group shall provide courtesy copies of all written responses to the discovery via email to all counsel of record for Plaintiffs no later than the day the responses are otherwise served.
11. Polaris Group is to provide weekly updates as to the status of its ability to retain an e-discovery vendor. These updates shall commence on July 1, 2015, and continue every week thereafter until July 28, 2015.
12. This stipulation may be executed in counterparts with the effect that all signatures appear on the original stipulation.
This Stipulation and Proposed Order is submitted to the Court for review and approval.
ON BEHALF OF OUR RESPECTIVE CLIENTS, WE SO STIPULATE.
ORDER
Based on the parties' Stipulation and GOOD CAUSE SHOWN: IT IS SO ORDERED.