Centex Homes v. Financial Pacific Insurance Company et al

Filing 68

STIPULATION and ORDER to Extend Hearing Date for Carr Business Enterprises, Inc.'s Motion for Summary Judgment (Adjudication), signed by Chief Judge Anthony W. Ishii on 8/11/2009. Motion Hearing RESET for 9/21/2009 at 01:30 PM in Courtroom 2 (AWI) before Chief Judge Anthony W. Ishii. (Jessen, A)

DAVEN G. LOWHURST (CA BAR #124723) Email: [e-mail] AARON R. GRUBER (CA BAR #209509) Email: [e-mail] HOWREY LLP 525 Market Street, Suite 3600 San Francisco, CA 94105-3606 Tel. [phone] Fax [phone] Attorneys for Plaintiff CENTEX HOMES UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ­ FRESNO DIVISION

CENTEX HOMES, Plaintiff, vs. FINANCIAL PACIFIC INSURANCE COMPANY, AMERICAN STATES INSURANCE COMPANY, SAFECO INSURANCE COMPANY and CARR BUSINESS ENTERPRISES, INC., Defendants. RELATED CROSS/COUNTER-CLAIMS

Case No.: 1:07-CV000567-AWI-SMS STIPULATION AND ORDER TO EXTEND HEARING DATE FOR CARR BUSINESS ENTERPRISES, INC.'S MOTION FOR SUMMARY JUDGMENT (ADJUDICATION) Original Hearing Date: August 31, 2009 Revised Hearing Date: September 21, 2009 Trial Date: March 16, 2010

Moving Party Carr Business Enterprises, Inc. and Opposing Party Centex Homes, through their respective counsel, hereby agree and stipulate as follows, and request that the Court enter the following order approving the stipulation: WHEREAS the hearing date of Moving Party Carr Business Enterprises, Inc.'s Motion for Summary Judgment or in the alternative Motion for Summary Adjudication is currently set for hearing on August 31, 2009

WHEREAS counsel for Opposing Party Centex Homes requested that counsel for Carr Business Enterprises, Inc. agree to continue the hearing date due to an unexpected out of town family emergency. WHEREAS counsel for Carr Business Enterprises, Inc. has graciously agreed to extend the hearing date for its Motion for Summary Judgment or in the alternative Summary Adjudication. ACCORDINGLY, IT IS HEREBY STIPULATED by and among the parties to this motion, through their respective counsel below, that the hearing date of Carr Business Enterprises, Inc.'s Motion for Summary Judgment or in the alternative Motion for Summary Adjudication may be extended as set forth below: Event Hearing Date for Carr Business Enterprises, Inc.'s Motion for Summary Judgment or in the alternative Summary Adjudication Current date Revised date

8/31/09

9/21/09

DATED: August 10, 2009

HOWREY LLP By /s/ Aaron Gruber AARON R. GRUBER Attorneys for Plaintiff CENTEX HOMES

DATED: August 10, 2009

ANWYL SCOFFIELD & STEPP, LLP By /s/ Lindy Scoffield LINDY SCOFFIELD Attorneys for Defendant CARR BUSINESS ENTERPRISES, INC.

RULE 7-131(e) CERTIFICATION I, Aaron R. Gruber, hereby attest, pursuant to this Court's Rule 7-131(e), that each of the other counsel identified above have authorized the submission of this Stipulation and [Proposed] Order on that counsel's behalf. Executed this 10th day of August, 2009, at Sacramento, California. /s/ Aaron R. Gruber Aaron R. Gruber Attorney for Plaintiff CENTEX HOMES ORDER The parties having so stipulated, and good cause appearing, the Court hereby revises the hearing date for Carr Business Enterprises, Inc.'s Motion for Summary Judgment or in the alternative Summary Adjudication as set forth below: Event
C u r r e n t date

8/31/09

Revised date Hearing Date for Carr Business Enterprises, Inc.'s Motion for Summary Judgment or in the alternative Summary Adjudication 9/21/09

All opposition and reply papers to be calendared based on the Revised Hearing Date.

IT IS SO ORDERED.

Dated: 0m8i78

August 11, 2009

/s/ Anthony W. Ishii CHIEF UNITED STATES DISTRICT JUDGE