Free Report of Rule 26(f) Planning Meeting - District Court of California - California

Case 4:08-cv-01739-CW

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Filed 06/25/2008

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David R. Shane, Esq. [SBN: 109890] Robert J. Taitz, Esq. [SBN: 168334] SHANE & TAITZ 1000 Drakes Landing Road, Suite 200 Greenbrae, California 94904-3027 Telephone: 415/464-2020 Facsimile: 415/464-2024 Attorneys for Plaintiff and Counter-Defendant COMMONWEALTH ANNUITY AND LIFE INSURANCE COMPANY f/k/a ALLMERICA FINANCIAL LIFE INSURANCE AND ANNUITY CO.,

UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA , , , , , Plaintiff, , , vs. , , JOHN DALESSIO; RITA DALESSIO; and , the DALESSIO FAMILY 2003 TRUST, , , Defendants. , ____________________________________________ , , JOHN DALESSIO; RITA DALESSIO and the , DALESSIO FAMILY (2003) TRUST, , , Counter-Claimants, , vs. , , COMMONWEALTH ANNUITY AND LIFE , INSURANCE COMPANY f/k/a ALLMERICA , FINANCIAL LIFE INSURANCE AND ANNUITY , COMPANY, a Delaware corporation; DAVID , SHANE, an individual; VAUGHN R. WALKER, , an individual; ANN SPARKMAN, an individual; , and DOES 1 through 20, , , Counter-Defendants. , , ____________________________________________ , COMMONWEALTH ANNUITY AND LIFE INSURANCE COMPANY f/k/a ALLMERICA FINANCIAL LIFE INSURANCE AND ANNUITY CO.,

Case No. CV 08 1739 EDL

JOINT RULE 26(F) REPORT Date Time Courtroom : : : July 1, 2008 9:00 a.m. 790

Rule 26 Statement (unilateral)

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F. E. D.

Plaintiff and Counter Defendant COMMONWEALTH ANNUITY AND LIFE INSURANCE COMPANY f/k/a ALLMERICA FINANCIAL LIFE INSURANCE AND ANNUITY CO. ("Allmerica") for itself alone hereby submit this Rule 26(f) Report as follows: A. F.R.C.P. Rule 26(f)(1)

Despite numerous calls to Mr. Dalessio Allmerica has not been able to contact Mr. Dalessio to discuss any aspect of this matter. Allmerica has received neither disclosures nor documents from him. Allmerica is making its initial disclosures of witnesses and documents concurrent with this report. B. F.R.C.P. Rule 26(f)(2) Allmerica intends to take the deposition of Dalessio to ascertain the substance of any allegations. Allmerica will then move for summary judgment to force payment of the settlement agreement and to dismiss the counter claim. Allmerica does not know what discovery Dalessio intends to do. Allmerica suggest a discovery cut off date of February 28, 2009. and does not believe that discovery phases are necessary. C. F.R.C.P. Rule 26(f)(3) None. F.R.C.P. Rule 26(f)(4) None. Proposed Dates The parties propose the following dates: Discovery Cut-Off Motion Cut-Off Pre-Trial Conference Trial Date Discovery Matters Allmerica does not believe that discovery phases are necessary. February 28, 2009 March 28, 2009 May 2009 June 2009

Rule 26 Statement (unilateral)

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G.

Trial Estimate Allmerica estimates a three (3) day trial.

H.

Settlement Efforts To Date There have been no settlement discussions to date. Allmerica has been unable

to communicate with Dalessio. I. Complex Cases Allmerica does not believe that this is a complex case. J. Additional Parties Dalessio has not served the other cross defendants except for Allmerica. K. Dispositive Motions Allmerica intends to file a motion for summary judgment based on the terms of the settlement. Allmerica also intends to file a motion for summary judgment based on res judicata and collateral estoppel. L. Unusual Legal Issues Allmerica does not believe that this case presents any unusual legal issues. M. Severance, Bifurcation and Order of Proof Allmerica does not believe that this case requires severance, bifurcation or other ordering of proof. DATED: June 25, 2008

SHANE & TAITZ

/s/ David R. Shane By:____________________________________ David R. Shane Attorneys for Plaintiff/CounterDefendant COMMONWEALTH ANNUITY AND LIFE INSURANCE COMPANY f/k/a ALLMERICA FINANCIAL LIFE INSURANCE AND ANNUITY CO.

Rule 26 Statement (unilateral)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Refer to Attached Service List 21 22
I declare under penalty of perjury of the laws of the State of California that by enclosing said document in a sealed envelope at Greenbrae, California. I am readily familiar with the firm's practice of collection and processing of items for mailing. Under that practice, each item is deposited with the United States Postal Service on that same day with postage thereon fully prepaid at Greenbrae, California, during the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if the postal cancellation/meter date is more than one day after date of deposit for mailing in affidavit. The item mailed is addressed, as follows: I declare that I am employed in the County of Marin, State of California. I am over eighteen years and not a party to the within cause; my business address is Shane & Taitz, 1000 Drakes Landing Road, Suite 200, 2nd Floor, Greenbrae, California 94904-3027. On June 25, 2008, I served upon the interested party/parties hereto the within document, described as:

PROOF OF SERVICE BY MAIL
Commonwealth Annuity, etc. vs. Dalessio, et al.

JOINT RULE 26(F) REPORT [Unilateral]

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the foregoing is true and correct. This declaration was executed on June 25th, 2008 at Greenbrae, California.

/s/ Molly B. Libbey __________________________ Molly B. Libbey

Proof of Service by Mail

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1 2 3 Commonwealth Annuity, etc. vs. Dalessio, et al. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Proof of Service by Mail Page 2

SERVICE LIST

Defendants and Counter-Claimants JOHN DALESSIO 16 Via Las Encinas Carmel Valley, California 93924-9449 RITA DALESSIO 16 Via Las Encinas Carmel Valley, California 93924-9449 DALESSIO FAMILY [2003] TRUST 16 Via Las Encinas Carmel Valley, California 93924-9449