Bingley Land Company, Inc. et al v. North American Capacity Insurance Company

Filing 11

JOINT SCHEDULING STIPULATION and ORDER, signed by District Judge Lawrence J. O'Neill on 1/25/2010. Discovery due by 7/30/2010. Non-Dispositive Motions due by 7/30/2010. Dispositive Motions due by 8/17/2010. Jury Trial RESET for 11/1/2010 at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill. Pretrial Conference RESET for 9/21/2010 at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill. (Jessen, A)

GRIMM, VRANJES, MCCORMICK & GRAHAM LLP A. Carl Yaeckel (SBN 89920) 2 [e-mail] 550 West C Street, Suite 1100 3 Post Office Box 129012 San Diego, California 92112-9012 4 Telephone: [phone] Fax: [phone]
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Attorneys for Defendant NORTH AMERICAN CAPACITY INSURANCE COMPANY UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ) CASE NO: 1:08-cv-01869-LJO-SMS ) ) JOINT SCHEDULING STIPULATION ) AND ORDER ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

BINGLEY LAND COMPANY, INC., a California corporation; 11 INTERSTATE LAND COMPANY, INC., a California corporation; and 12 INTERSTATE LAND COMPANY, LLC, a California limited liability 13 company,
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Plaintiffs, v.

NORTH AMERICAN CAPACITY I N S U R A N C E COMPANY, a 17 Corporation, a New Hampshire corporation, and Does 1 through 40,
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Defendants. ___________________________

The parties hereto do stipulate and agree as follows: 1. This is an insurance bad faith lawsuit. All causes of action herein pertain

to insurance policies issued by Defendants providing Commercial General Liability coverage to Plaintiffs. 2. The allegations herein relate to Defendant's conditional denial of

coverage to Plaintiffs in an underlying construction defect lawsuit, Ramos v. Interstate Land Company, LLC. This case remains pending in the Superior Court for the County of Kern, State of California.
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3.

Plaintiffs had filed a second action against Defendants which was also

before this court, Case No. 1:09-cv-00148-LJO (SMS), Bingley Land Company, Inc. v. North American Capacity Insurance Company. The allegations in that case were essentially the same as in the present case, except that they were based on NAC's conditional denial of coverage to Plaintiffs in a different underlying construction defect lawsuit, Zendejas v. Interstate Land Company, Inc., LLC. 4. The original Scheduling Conference Order in this case of January 26,

2009, set trial for March 22, 2010. 5. As a result of the filing of the Complaint and subsequent Scheduling

Conference in Case No. 1:09-cv-00148-LJO (SMS), an Amended Scheduling Conference Order was issued May 4, 2009, with a jury trial date of June 7, 2010. Other deadlines were set as part of that Order, including a discovery deadline of February 12, 2010. 6. Mediations during calendar year 2009 in the Zendejas lawsuit resulted

in its recent settlement. As a result of that settlement, the case of Bingley Land Company, Inc. v. Interstate, Case No. 1:09-cv-00148-LJO (SMS), was subject to a joint motion to dismiss, and is now fully resolved. 7. Attempts to mediate the Ramos case were delayed, pending mediation

of the Zendejas case, because both cases involved essentially the same parties, attorneys, and mediator. It was believed that settlement of Zendejas would facilitate settlement of Ramos. 8. The mediation schedule in the case underlying the current lawsuit,

Ramos v. Interstate, is such that meaningful attempts at global resolution of that case is likely to occur subsequent to the current trial date of June 7, 2010. 9. Based on consultation with the mediator in Ramos case, Mr. Gerald

Kurland, counsel for the defendant, A. Carl Yaeckel, Esq., is informed and believes that mediation efforts involving Plaintiffs are scheduled to occur during the time period May through August 2010.
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10.

The parties believe that meaningful settlement efforts with regard to this

case are dependent upon, and should take place as part of, the mediation in the underlying Ramos case. This can occur only if a change in the currently scheduled trial date in this action is made by the Court. 11. The parties seek to avoid the cost of completion of discovery in this

action, and particularly of expert discovery, while efforts to mediate the Ramos case and to settle this case are underway. Plaintiffs herein also may seek to take depositions which will have to occur out-of-state and the parties seek to avoid that cost as well. 12. Therefore, the parties believe good cause exists for continuance of this

trial date for a period of months, with continuance of the deadlines for discovery and motions to also be continued accordingly. The parties would propose the following dates, or such other dates as the court deems appropriate: Jury Trial Date (estimate six days) - (Old Date June 7, 2010) New Date: October 18, 2010. Pre-Trial Conference Date - September 21, 2010 Dispositive Motion Filing Deadline - August 17, 2010 Non-Dispositive Motion Filing Deadline - July 30, 1010 Discovery Deadline - July 30, 2010 /// /// /// /// /// /// /// /// ///
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IT IS SO STIPULATED.

Dated: January 20, 2010

GRIMM VRANJES McCORMICK & GRAHAM, LLP

By: /s/ A. Carl Yaeckel A. CARL YAECKEL Attorneys for Defendant NORTH AMERICAN CAPACITY INSURANCE COMPANY Dated: January 20, 2010 McCARTNEY & ASSOCIATES

By: /s/ N. Thomas McCartney N. THOMAS McCARTNEY Attorneys for Plaintiff, BINGLEY LAND COMPANY, INC.; INTERSTATE LAND COMPANY, INC.; and INTERSTATE LAND COMPANY, LLC

ORDER GOOD CAUSE APPEARING, the Scheduling Conference Order is amended as follows: Discovery Deadline: Non-Dispositive Motion Filing Deadline: Dispositive Motion Filing Deadling: Pre-Trial Conference Date: July 30, 2010 July 30, 2010 August 17, 2010 September 21, 2010 at 8:30 a.m.
Before the Honorable Lawrence J. O'Neill, United States District Judge

Jury Trial Date:

November 1, 2010 at 8:30 a.m. Before
the Honorable Lawrence J. O'Neill, United States District Judge

IT IS SO ORDERED. Dated: January 25, 2010 /s/ Lawrence J. O'Neill
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b9ed48

UNITED STATES DISTRICT JUDGE

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