Moore Construction Co. v. Quanta Specialty Lines Insurance Company et al

Filing 27

STIPULATION and ORDER to Continue Hearing Date on Defendant's Motion for Summary Judgment and to Continue Trial Date: JURY TRIAL set for 8/17/2009 at 09:00 AM (not 4/13/09, nor 6/1/09) and PRETRIAL CONFERENCE set for 6/30/200 9 at 01:30 PM (not 3/5/09, nor 5/20/09) in Courtroom 7 (SMS) before Judge Sandra M. Snyder. RESET MOTION HEARING as to Defendant's Motion for Summary Judgment 19 : Motion Hearing is continued from 3/13/09 (nor 4/3/09) to 5/1/2009 at 09:30 AM in Courtroom 7 (SMS) before Judge Sandra M. Snyder. signed by Judge Sandra M. Snyder on 2/18/2009. (Herman, H)

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Herman Franck, Esq. (SBN 57455) Elizabeth Vogel, Esq. (SBN 245772) Chiayu V. Chang, Esq. (SBN 245484) FRANCK & ASSOCIATES 1801 7th Street, Suite 150 Sacramento, CA 95811 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff MOORE CONSTRUCTION

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

MOORE CONSTRUCTION CO., Plaintiff, vs. QUANTA SPECIALTY LINES INSURANCE COMPANY, Defendant.

Case No. 1:08-cv-00020-SMS STIPULATION AND ORDER TO CONTINUE HEARING DATE ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND TO CONTINUE TRIAL DATE

Plaintiff Moore Construction, by and through its counsel Franck & Associates, submits the following Stipulation and Order to continue (i) Defendant Quanta Specialty Lines Insurance Company's ("Quanta") hearing on its Motion for Summary Judgment from March 13, 2009 to April 3, 2009, and (ii) to continue the trial date from April 13, 2009 to June 1, 2009, and all pretrial deadlines by 45 days. The reasons for this stipulation and order are as follows:

MOORE CONSTRUCTION V. QUANTA CASE NO. 1:08-cv-00020-SMS

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1. On June 27, 2008, the Court issued a Scheduling Conference Order which specified that all Dispositive Pre-Trial motions be filed on or before January 9, 2009 and also set the Pre-Trial Conference date for March 5, 2009 at 1:30 pm in Courtroom No. 7. The Court further set a trial date for April 13, 2009 at 9:00 am in Courtroom No. 7.

2. On December 15, 2008, the Court adopted a stipulation signed by counsel for both parties which (i) extended the discovery deadline from December 19, 2008 to January 19, 2009, and (ii) extended the dispositive motions deadline from January 9, 2009 to February 9, 2009. However, the Pre-Trial Conference remained set for March 5, 2009 and the trial date remained set for April 13, 2009. 3. On February 9, 2009, Quanta filed a Motion for Summary Judgment set for hearing on March 13, 2009. 4. On February 10, 2009, Moore Construction requested that Quanta continue the hearing on its Motion for Summary Judgment ("MSJ") from March 13, 2009 to April 3, 2009, due to the fact that counsel for Plaintiff Moore Construction had several other summary judgment motions in other matters to respond to in the same time frame. Moreover, counsel for Plaintiff Moore Construction pointed out that it would be odd to conduct the Pre-Trial Conference prior to the hearing date set for Defendant's MSJ. 5. On February 11, 2009, counsel for Quanta responded that Quanta would agree to continue its MSJ to April 3, 2009 if the trial date and attendant pretrial deadlines were continued by 45 days. Quanta indicated that it would like to have its MSJ decided before incurring additional litigation costs preparing for trial. Moore Construction agreed to the 45 continuance.

MOORE CONSTRUCTION V. QUANTA CASE NO. 1:08-cv-00020-SMS

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Wherefore, it is stipulated and agreed that (i) the trial date be continued from April 13, 2009 to June 1, 2009, and all pretrial deadlines be continued by 45 days; and (ii) the hearing on Quanta's Motion for Summary Judgment be continued from March 13, 2009 to April 3, 2009.

IT IS SO STIPULATED.

Dated: February 17, 2009

Nixon Peabody LLP

By: /s/ Andrew Neilson______ Donald E. Dorfman Andrew R. Neilson Attorneys for Defendant QUANTA SPECIALTY LINES INSURANCE COMPANY Dated: February 17, 2009 By: Franck & Associates /s/ Chiayu V. Chang______ Herman Franck Chiayu V. Chang Attorneys for Plaintiff MOORE CONSTRUCTION COMPANY

For good cause showing, it is hereby ordered that (i) the hearing on Quanta's motion for summary judgment is continued from March 13, 2009, to MAY 1, 2009 at 9:30a.m. (not April 3, 2009); (ii) the trial date in this matter is continued from April 13, 2009 to AUGUST 17, 2009 at 9:00a.m. (not June 1, 2009); and (iii) the pretrial conference is continued from March 5, 2009 to JUNE 30, 2009 at 1:30pm (not May 20, 2009). IT IS SO ORDERED. Dated: 2/18/2009 /s/ Sandra M. Snyder Hon. Sandra M. Snyder United States Magistrate Judge -3-

MOORE CONSTRUCTION V. QUANTA CASE NO. 1:08-cv-00020-SMS

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