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1 J. Edward Kerley (175695)
Dylan L. Schaffer (153612)
2
Kerley Schaffer LLP
3 1939 Harrison Street, #500
Oakland, California 94612
4 Telephone: (510) 379-5801
Facsimile: (510) 228-0350
5
6 John R. Parker, Jr. (257761)
Cutter Law, PC
7 401 Watt Avenue
Sacramento, California 95864
8 Telephone: (916) 290-9400
Fascimile: (916) 588-9350
9
10 Attorneys for Plaintiff
11 LORA D. HEMPHILL (SBN 214654)
KRISTINE N. ULRICH (SBN 310930)
12 HAGER & DOWLING
Professional Corporation
13 319 East Carrillo Street
14 Santa Barbara, California 93101
(805) 966-4700 Fax: (805) 966-4120
15 mail@hdlaw.com 12/6/2021
16 Attorneys for Defendant Mercury Casualty
Company
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18 SUPERIOR COURT OF THE STATE OF CALIFORNIA
19 SAN MATEO COUNTY — UNLIMITED CIVIL JURISDICTION
20
DONNA MARIE MESCHI, an Case No. 16CIV02607
21
individual, VINCENT MESCHI, an
22 individual, on behalf of themselves and a
class of similarly situated persons, and STIPULATION AND [PROPOSED]
23 ROES 1-10. ORDER REGARDING BRIEFING
SCHEDULE FOR MOTION FOR CLASS
24 Plaintiffs, CERTIFICATION, TRIAL AND RELATED
25 DATES AND OPERATION
v.
OF FIVE-YEAR DISMISSAL RULE
26 PURSUANT TO CCP § 583.310
MERCURY CASUALTY COMPANY, a
27 corporation, CALIFORNIA
AUTOMOBILE INSURANCE
28 COMPANY, a corporation, MERCURY
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STIPULATION AND PROPOSED ORDER RE CLASS CERTIFICATION MOTION
1 INSURANCE SERVICES, LLC, a
limited liability corporation, and DOES 3
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through 10,
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4 Defendants.
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8 Plaintiff Donna Marie Meschi and Defendant Mercury Casualty Company, by and
9 through their counsel of record, stipulate as follows:
10 WHEREAS, the COVID-19 pandemic has disrupted the operations of Plaintiff,
11 Defendant, and of counsel for both parties;
12 WHEREAS, through a Case Management Order dated June 17, 2021, the Court set a jury
13 trial for July 18, 2022, and a Mandatory Settlement Conference for May 19, 2022;
14 WHEREAS, through the same Case Management Order dated June 17, 2021, the Court
15 set a hearing date for Plaintiff’s Motion for Class Certification for December 16, 2021;
16 WHEREAS, on October 28, 2021 at a Case Management Conference the Court vacated
17 the trial date, MSC date, and Motion for Class Certification date;
18 WHEREAS, the Parties have met and conferred about a new trial date, and based upon
19 their respective trial calendars and discovery needs have agreed that a continuance of the trial date
20 is necessary; and
21 WHEREAS, on October 28, 2021, at a Case Management Conference the Court set a new
22 hearing date for Plaintiff’s motion for class certification for April 7, 2022;
23 WHEREAS, the Parties have met and conferred about the new hearing date, opposition
24 and reply dates for the Motion for Class Certification;
25 NOW, THEREFORE, based on the foregoing, the Parties by and through their counsel
26 below, hereby stipulate as follows:
27 1. CCP § 583.310 provides that “An action shall be brought to trial within five
28 years after the action is commenced against the defendant.”
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STIPULATION AND PROPOSED ORDER RE CLASS CERTIFICATION MOTION
1 2. CCP § 583.330 permits the parties to “extend the time within which an
2 action must be brought to trial.
3 3. The deadline by which trial must begin in accordance with CCP § 583.310
4 shall be extended to February 9, 2023.
5 4. The new trial date will be set by the Court, after the Motion for Class Certification
6 hearing.
7 5. Plaintiff will file her Motion for Class Certification on or before February 3, 2022;
8 6. Defendant will file their Opposition to the Motion for Class Certification on or
9 before March 7, 2022; and
10 7. The reply brief will be due on March 24, 2022.
11
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13 Dated: December 3, 2021 CUTTER LAW PC
14
15 By: /s/ John R. Parker, Jr.
John R. Parker, Jr.
16 C. Brooks Cutter
17
18
19 Dated: December 3, 2021 KERLEY SCHAFFER LLP
20
21 By:_/s/ Dylan L. Schaffer_______
J. Edward Kerley
22 Dylan L. Schaffer
23 Kerley Schaffer LLP
1939 Harrison Street, #500
24 Oakland, California 94612
Telephone: (510) 379-5801
25 Facsimile: (510) 228-0350
26
Attorneys for Plaintiff
27
28
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STIPULATION AND PROPOSED ORDER RE CLASS CERTIFICATION MOTION
1
2
3 By:
L~
4 KRISTINE N. ULRICH
5 HAGER & DOWLING
Professional Corporation
6 319 East Carrillo Street
Santa Barbara, California 93101
7 (805) 966-4700 Fax: (805) 966-4120
mail @hdJ aw.com
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9 Attorneys for Defendant
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FOOTER
1 [PROPOSED] ORDER
2
Based on the stipulation of the parties, it is hereby ordered as follows:
3
4 1. CCP § 583.310 provides that “An action shall be brought to trial within five
5 years after the action is commenced against the defendant.”
6 2. CCP § 583.330 permits the parties to “extend the time within which an
7 action must be brought to trial.
8 3. The deadline by which trial must begin in accordance with CCP § 583.310
9 shall be extended to February 9, 2023.
10 4. The new trial date will be set by the Court, after the Motion for Class Certification
11 hearing.
12 5. Plaintiff will file her Motion for Class Certification on or before February 3, 2022;
13 6. Defendant will file their Opposition to the Motion for Class Certification on or
14 before March 7, 2022; and
15 7. The reply brief will be due on March 24, 2022.
16
17 Dated:
18
__________________________________
19 Danny Y. Chou
Judge of the Superior Court
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STIPULATION AND PROPOSED ORDER RE CLASS CERTIFICATION MOTION
1 Meschi v. Mercury Casualty
San Mateo County Superior Court Case No. 16CIV02607
2
PROOF OF SERVICE
3
I am employed in the County of Sacramento. I am over the age of eighteen years and not
4 a party to the within entitle action; my business address is CUTTER LAW P.C., 401 Watt
Avenue, Sacramento, California 95864.
5
On the date below, I served a copy of the following document(s) described as
6
STIPULATION AND PROPOSED ORDER RE CLASS CERTIFICATION MOTION
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on the interested party(ies) in this action as follows: SEE ATTACHED SERVICE LIST.
8
BY MAIL: By placing a true copy thereof enclosed in a sealed envelope(s) addresses
9 as above or on the service list, and placing each for collection and mailing on that date
following ordinary business practices. I am “readily familiar” with the business’
10 practice for collecting and processing correspondence for mailing. On the same day
that correspondence is placed for collection and mailing, it is deposited in the ordinary
11 course of business with the U.S. Postal Service in Sacramento, California, in a sealed
envelope with postage fully prepaid
12 BY OVERNIGHT DELIVERY: I enclosed the document(s) in an envelope or
package provided by an overnight delivery carrier and addressed as above or on the
13 service list. I placed the envelope or package for collection and overnight delivery at
an office or a regularly utilized drop box of the overnight delivery carrier.
14 BY FACSIMILE: Based on an agreement of the parties to accept service by fax
transmission, I faxed the document(s) to the person(s) at the fax number(s) listed above
15 or on the service list on the date above at approximately ________ a.m./p.m. The
telephone number of the sending facsimile machine was (916) 588-9330. The sending
16 facsimile machine issued a transmission reporting confirming that the transmission was
complete and without error. A copy of that report is attached.
17 X BY E-MAIL OR ELECTRONIC TRANSMISSION: Based on a court order or an
agreement of the parties to accept service by e-mail or electronic transmission, I caused
18 the document(s) to be sent from aellis@cutterlaw.com to the person(s) at the e-mail
address(es) listed above or on the service list.
19 BY PERSONAL SERVICE: I caused the above documents to be hand delivered to
the party(ies) listed above or on the service list.
20 X STATE: I declare under penalty of perjury under the laws of the State of California
that the foregoing is true and correct.
21 FEDERAL: I declare that I am employed in the office of a member of the bar of this
Court at whose direction the service was made. I declare under penalty of perjury
22 under the laws of the United State of America that the foregoing is true and correct.
23
Executed on December 3, 2021 at Sacramento, California.
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Adriana Ellis
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______________________________
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STIPULATION AND PROPOSED ORDER RE CLASS CERTIFICATION MOTION
1 Meschi v. Mercury Casualty
San Mateo County Superior Court Case No. 16CIV02607
2
Lora D. Hemphill
3 HAGER & DOWLING
319 East Carrillo Street
4 Santa Barbara, CA 93101
Santa Barbara
5 (805) 966-4700
mail@hdlaw.com
6
Attorneys for Defendants
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MERCURY CASUALTY COMPANY,
8 a corporation, CALIFORNIA AUTOMOBILE
INSURANCE COMPANY, a corporation,
9 MERCURY INSURANCE SERVICES, LLC
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STIPULATION AND PROPOSED ORDER RE CLASS CERTIFICATION MOTION
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1 J. Edward Kerley (175695) Dylan L. Schaffer (153612) 2 Kerley Schaffer LLP 3 1939 Harrison Street, #500 Oakland, California 94612 4 Telephone: (510) 379-5801 Facsimile: (510) 228-0350 5 6 John R. Parker, Jr. (257761) Cutter Law, PC 7 401 Watt Avenue Sacramento, California 95864 8 Telephone: (916) 290-9400 Fascimile: (916) 588-9350 9 10 Attorneys for Plaintiff 11 LORA D. HEMPHILL (SBN 214654) KRISTINE N. ULRICH (SBN 310930) 12 HAGER & DOWLING Professional Corporation 13 319 East Carrillo Street 14 Santa Barbara, California 93101 (805) 966-4700 Fax: (805) 966-4120 15 mail@hdlaw.com 12/6/2021 16 Attorneys for Defendant Mercury Casualty Company 17 18 SUPERIOR COURT OF THE STATE OF CALIFORNIA 19 SAN MATEO COUNTY — UNLIMITED CIVIL JURISDICTION 20 DONNA MARIE MESCHI, an Case No. 16CIV02607 21 individual, VINCENT MESCHI, an 22 individual, on behalf of themselves and a class of similarly situated persons, and STIPULATION AND [PROPOSED] 23 ROES 1-10. ORDER REGARDING BRIEFING SCHEDULE FOR MOTION FOR CLASS 24 Plaintiffs, CERTIFICATION, TRIAL AND RELATED 25 DATES AND OPERATION v. OF FIVE-YEAR DISMISSAL RULE 26 PURSUANT TO CCP § 583.310 MERCURY CASUALTY COMPANY, a 27 corporation, CALIFORNIA AUTOMOBILE INSURANCE 28 COMPANY, a corporation, MERCURY -1- STIPULATION AND PROPOSED ORDER RE CLASS CERTIFICATION MOTION 1 INSURANCE SERVICES, LLC, a limited liability corporation, and DOES 3 2 through 10, 3 4 Defendants. 5 6 7 8 Plaintiff Donna Marie Meschi and Defendant Mercury Casualty Company, by and 9 through their counsel of record, stipulate as follows: 10 WHEREAS, the COVID-19 pandemic has disrupted the operations of Plaintiff, 11 Defendant, and of counsel for both parties; 12 WHEREAS, through a Case Management Order dated June 17, 2021, the Court set a jury 13 trial for July 18, 2022, and a Mandatory Settlement Conference for May 19, 2022; 14 WHEREAS, through the same Case Management Order dated June 17, 2021, the Court 15 set a hearing date for Plaintiff’s Motion for Class Certification for December 16, 2021; 16 WHEREAS, on October 28, 2021 at a Case Management Conference the Court vacated 17 the trial date, MSC date, and Motion for Class Certification date; 18 WHEREAS, the Parties have met and conferred about a new trial date, and based upon 19 their respective trial calendars and discovery needs have agreed that a continuance of the trial date 20 is necessary; and 21 WHEREAS, on October 28, 2021, at a Case Management Conference the Court set a new 22 hearing date for Plaintiff’s motion for class certification for April 7, 2022; 23 WHEREAS, the Parties have met and conferred about the new hearing date, opposition 24 and reply dates for the Motion for Class Certification; 25 NOW, THEREFORE, based on the foregoing, the Parties by and through their counsel 26 below, hereby stipulate as follows: 27 1. CCP § 583.310 provides that “An action shall be brought to trial within five 28 years after the action is commenced against the defendant.” -2- STIPULATION AND PROPOSED ORDER RE CLASS CERTIFICATION MOTION 1 2. CCP § 583.330 permits the parties to “extend the time within which an 2 action must be brought to trial. 3 3. The deadline by which trial must begin in accordance with CCP § 583.310 4 shall be extended to February 9, 2023. 5 4. The new trial date will be set by the Court, after the Motion for Class Certification 6 hearing. 7 5. Plaintiff will file her Motion for Class Certification on or before February 3, 2022; 8 6. Defendant will file their Opposition to the Motion for Class Certification on or 9 before March 7, 2022; and 10 7. The reply brief will be due on March 24, 2022. 11 12 13 Dated: December 3, 2021 CUTTER LAW PC 14 15 By: /s/ John R. Parker, Jr. John R. Parker, Jr. 16 C. Brooks Cutter 17 18 19 Dated: December 3, 2021 KERLEY SCHAFFER LLP 20 21 By:_/s/ Dylan L. Schaffer_______ J. Edward Kerley 22 Dylan L. Schaffer 23 Kerley Schaffer LLP 1939 Harrison Street, #500 24 Oakland, California 94612 Telephone: (510) 379-5801 25 Facsimile: (510) 228-0350 26 Attorneys for Plaintiff 27 28 -3- STIPULATION AND PROPOSED ORDER RE CLASS CERTIFICATION MOTION 1 2 3 By: L~ 4 KRISTINE N. ULRICH 5 HAGER & DOWLING Professional Corporation 6 319 East Carrillo Street Santa Barbara, California 93101 7 (805) 966-4700 Fax: (805) 966-4120 mail @hdJ aw.com 8 9 Attorneys for Defendant 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4- FOOTER 1 [PROPOSED] ORDER 2 Based on the stipulation of the parties, it is hereby ordered as follows: 3 4 1. CCP § 583.310 provides that “An action shall be brought to trial within five 5 years after the action is commenced against the defendant.” 6 2. CCP § 583.330 permits the parties to “extend the time within which an 7 action must be brought to trial. 8 3. The deadline by which trial must begin in accordance with CCP § 583.310 9 shall be extended to February 9, 2023. 10 4. The new trial date will be set by the Court, after the Motion for Class Certification 11 hearing. 12 5. Plaintiff will file her Motion for Class Certification on or before February 3, 2022; 13 6. Defendant will file their Opposition to the Motion for Class Certification on or 14 before March 7, 2022; and 15 7. The reply brief will be due on March 24, 2022. 16 17 Dated: 18 __________________________________ 19 Danny Y. Chou Judge of the Superior Court 20 21 22 23 24 25 26 27 28 -5- STIPULATION AND PROPOSED ORDER RE CLASS CERTIFICATION MOTION 1 Meschi v. Mercury Casualty San Mateo County Superior Court Case No. 16CIV02607 2 PROOF OF SERVICE 3 I am employed in the County of Sacramento. I am over the age of eighteen years and not 4 a party to the within entitle action; my business address is CUTTER LAW P.C., 401 Watt Avenue, Sacramento, California 95864. 5 On the date below, I served a copy of the following document(s) described as 6 STIPULATION AND PROPOSED ORDER RE CLASS CERTIFICATION MOTION 7 on the interested party(ies) in this action as follows: SEE ATTACHED SERVICE LIST. 8 BY MAIL: By placing a true copy thereof enclosed in a sealed envelope(s) addresses 9 as above or on the service list, and placing each for collection and mailing on that date following ordinary business practices. I am “readily familiar” with the business’ 10 practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary 11 course of business with the U.S. Postal Service in Sacramento, California, in a sealed envelope with postage fully prepaid 12 BY OVERNIGHT DELIVERY: I enclosed the document(s) in an envelope or package provided by an overnight delivery carrier and addressed as above or on the 13 service list. I placed the envelope or package for collection and overnight delivery at an office or a regularly utilized drop box of the overnight delivery carrier. 14 BY FACSIMILE: Based on an agreement of the parties to accept service by fax transmission, I faxed the document(s) to the person(s) at the fax number(s) listed above 15 or on the service list on the date above at approximately ________ a.m./p.m. The telephone number of the sending facsimile machine was (916) 588-9330. The sending 16 facsimile machine issued a transmission reporting confirming that the transmission was complete and without error. A copy of that report is attached. 17 X BY E-MAIL OR ELECTRONIC TRANSMISSION: Based on a court order or an agreement of the parties to accept service by e-mail or electronic transmission, I caused 18 the document(s) to be sent from aellis@cutterlaw.com to the person(s) at the e-mail address(es) listed above or on the service list. 19 BY PERSONAL SERVICE: I caused the above documents to be hand delivered to the party(ies) listed above or on the service list. 20 X STATE: I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 21 FEDERAL: I declare that I am employed in the office of a member of the bar of this Court at whose direction the service was made. I declare under penalty of perjury 22 under the laws of the United State of America that the foregoing is true and correct. 23 Executed on December 3, 2021 at Sacramento, California. 24 25 26 Adriana Ellis ~ ______________________________ 27 28 -6- STIPULATION AND PROPOSED ORDER RE CLASS CERTIFICATION MOTION 1 Meschi v. Mercury Casualty San Mateo County Superior Court Case No. 16CIV02607 2 Lora D. Hemphill 3 HAGER & DOWLING 319 East Carrillo Street 4 Santa Barbara, CA 93101 Santa Barbara 5 (805) 966-4700 mail@hdlaw.com 6 Attorneys for Defendants 7 MERCURY CASUALTY COMPANY, 8 a corporation, CALIFORNIA AUTOMOBILE INSURANCE COMPANY, a corporation, 9 MERCURY INSURANCE SERVICES, LLC 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -7- STIPULATION AND PROPOSED ORDER RE CLASS CERTIFICATION MOTION