Oregon Mutual Insurance Company v. National General Insurance Company

Filing 17

STIPULATION and ORDER for Extension of Time for Answering Complaint and Continuation of Scheduling Conference: 1) Dispositive Motions cut-off date continued from 1/11/2010 to 2/8/2010; 2) Pretrial Conference continued from 1/29/2010 to 4/2/2010 at 08:30 AM before Chief Judge Anthony W. Ishii; 3) Bench Trial is continued from 3/9/2010 to 5/11/2010 at 08:30 AM in Courtroom 2 (AWI) before Chief Judge Anthony W. Ishii. signed by Judge Sandra M. Snyder on 1/6/2010. (Herman, H)

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MCCORMICK, BARSTOW, SHEPPARD, W AYTE & CARRUTH LLP
5 RIVER PARK PLACE EAST FRESNO, CA 93720-1501

Gordon M. Park, # 072190 Paul J. Whitfield, # 241651 McCormick, Barstow, Sheppard, Wayte & Carruth LLP P.O. Box 28912 5 River Park Place East Fresno, CA 93720-1501 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff OREGON MUTUAL INSURANCE COMPANY, an Oregon corporation Paul D. Loreto, # 86363 The Loreto Law Firm 7402 Coho Drive #108 Huntington Beach, California 92649 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant NATIONAL GENERAL INSURANCE COMPANY

(SPACE BELOW FOR FILING STAMP ONLY)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

OREGON MUTUAL INSURANCE COMPANY, an Oregon corporation, Plaintiff, v. NATIONAL GENERAL INSURANCE COMPANY, a Missouri corporation, Defendant.

Case No. 1:09-cv-00452-AWI-SMS STIPULATION AND ORDER FOR EXTENSION OF TIME FOR ANSWERING COMPLAINT AND CONTINUATION OF SCHEDULING CONFERENCE Judge: Honorable Sandra M. Snyder

Plaintiff, OREGON MUTUAL INSURANCE COMPANY ("OREGON MUTUAL"), by and through its attorneys of record, McCormick, Barstow, Sheppard, Wayte & Carruth LLP, by Gordon M. Park and Paul J. Whitfield and Defendant, NATIONAL GENERAL INSURANCE COMPANY ("NATIONAL GENERAL"), by and through its attorneys of record, The Loreto Law Firm, by Paul D. Loreto, (collectively "the Parties") do hereby stipulate and agree to the
STIPULATION AND ORDER 1:09-CV-00452-AWI-SMS

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MCCORMICK, BARSTOW, SHEPPARD, W AYTE & CARRUTH LLP
5 RIVER PARK PLACE EAST FRESNO, CA 93720-1501

following: Whereas the Parties have agreed to file motions for summary judgment based upon stipulated facts; Whereas those stipulated facts are currently under discussion by the Parties; Whereas it is the Parties' intent that the case be resolved through summary judgment and that trial is unlikely, Whereas the following dates are currently in place: Dispositive Motion Cut-Off: January 11, 2010; Non-Dispositive Motion Cut-Off: February 10, 2010; Pre-Trial Conference: January 29, 2010; Trial: March 9, 2010; The Parties agree to the following: 1. That the following cut-off and hearing dates be continued as follows: a. b. c. Dispositive Motion Cut-Off: February 8, 2010 Pre-Trial Conference: April 2, 2010 Trial: May 11, 2010

Or to the nearest dates thereafter as may be available on the Court's calendar. 2. Good cause exists for the above continuances, as the parties have agreed to resolve

the case through summary judgment based upon a stipulated set of facts. This brief continuance will allow the parties to finalize the facts to be relied upon and complete drafting of the motions for summary judgment that will more than likely resolve the case.

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STIPULATION AND ORDER 1:09-CV-00452-AWI-SMS

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MCCORMICK, BARSTOW, SHEPPARD, W AYTE & CARRUTH LLP
5 RIVER PARK PLACE EAST FRESNO, CA 93720-1501

Dated: January 6, 2010

McCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP

By:

/s/ Paul J. Whitfield Gordon M. Park Paul J. Whitfield Attorneys for Plaintiff OREGON MUTUAL INSURANCE COMPANY, an Oregon corporation THE LORETO LAW FIRM

Dated: January 6, 2010

By:

/s/ Paul D. Loreto Paul D. Loreto Attorneys for Defendant NATIONAL GENERAL INSURANCE COMPANY

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STIPULATION AND ORDER 1:09-CV-00452-AWI-SMS

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MCCORMICK, BARSTOW, SHEPPARD, W AYTE & CARRUTH LLP
5 RIVER PARK PLACE EAST FRESNO, CA 93720-1501

ORDER

IT IS HEREBY ORDERED, based on the foregoing Stipulation, that the 1) Dispositive Motion Cut-Off date is continued from January 11, 2010 to February 8, 2010; 2) the Pre-Trial Conference is continued from January 29, 2010 to April 2, 2010 at 8:30 a.m. before Judge Ishii; 3) and the Bench Trial is continued from March 9, 2010 to May 11, 2010 at 8:30 a.m. before Judge Ishii in Courtroom #2. IT IS SO ORDERED. Dated: January 6, 2010 /s/ Sandra M. Snyder_____________ UNITED STATES MAGISTRATE JUDGE

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STIPULATION AND ORDER 1:09-CV-00452-AWI-SMS

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