Setton's International Foods, Inc. et al v. Charter Oak Fire Insurance Company et al

Filing 31

STIPULATION and ORDER to STAY Litigation pending efforts to settle, signed by Judge Oliver W. Wanger on 7/16/2010. (Kusamura, W)

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EDGWICK, DETERT, MORAN & ARNOLD LLP BRUCE D. CELEBREZZE Bar No. 102181 [e-mail] RANDALL BLOCK Bar No. 121330 [e-mail] One Market Plaza, Steuart Tower, 8th Fl. San Francisco, California 94105 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants CHARTER OAK FIRE INSURANCE COMPANY, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, and ST. PAUL FIRE & MARINE INSURANCE COMPANY UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SETTON'S INTERNATIONAL FOODS, INC., AND SETTON PISTACHIO OF TERRA BELLA, INC., Plaintiffs, v. CHARTER OAK FIRE INSURANCE COMPANY, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, ST. PAUL FIRE & MARINE INSURANCE COMPANY, GREAT NORTHERN INSURANCE COMPANY, and FEDERAL INSURANCE COMPANY, Defendants. CASE NO. 10-CV-00469-OWW-GSA STIPULATION TO STAY LITIGATION PENDING EFFORTS TO SETTLE, AND ORDER THEREON JUDGE: HON. OLIVER W. WANGER

STIPULATION AND ORDER TO STAY LITIGATION

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Plaintiffs SETTON'S INTERNATIONAL FOODS, INC., AND SETTON PISTACHIO OF TERRA BELLA, INC. (together, "Setton") and defendants CHARTER OAK FIRE INSURANCE COMPANY, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, and ST. PAUL FIRE & MARINE INSURANCE COMPANY (together, the "Travelers entities"), and GREAT NORTHERN INSURANCE COMPANY, and FEDERAL INSURANCE COMPANY (together, the "Chubb entities"), hereby stipulate to stay the above captioned action upon the terms and conditions set forth below: PREMISES A. In November 2009, the Travelers entities filed suit against Setton and the Chubb entities in the United States District Court for the Eastern District of New York. B. In March 2010, Setton filed suit against the Travelers entities and the Chubb entities in the United States District Court for the Eastern District of California. C. In response to the respective actions, Setton filed a motion to stay or transfer venue in the case currently venued in New York, and Travelers filed a motion to stay or transfer venue in the case currently venued in California, which motion was joined by the Chubb entities. D. The parties are currently discussing the terms for resolution of the dispute subject of the New York and the California actions and believe the following stipulation will assist them materially to that end. STIPULATION WHEREFORE, Setton, the Travelers entities and the Chubb entities hereby stipulate as follows: 1. The above captioned action (as well as the action pending in New York) shall be stayed for 60 days from the date of entry of the order upon this stipulation. 2. If, after that time, the parties have not fully and finally settled the dispute, but agree that resolution can be reached with additional negotiations, they will request that the courts in New York and California grant the parties an additional limited stay. 3. If, after the expiration of the initial, or any subsequent, stay, the parties have not fully and finally settled the dispute, the United States District Court for the Eastern District of New -1STIPULATION AND ORDER TO STAY LITIGATION

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York shall rule upon the motion to transfer venue filed by Setton. Subject to any rights to appeal that decision to the United States Court of Appeals to the Second Circuit, the parties will accept the ruling made by the United States District Court for the Eastern District of New York as binding in both jurisdictions. 4. The parties will inform this Court of any decision on Setton's motion to transfer venue by the United States District Court for the Eastern District of New York within five (5) days of that court's decision. 5. Thereafter, the parties will proceed to litigate in the jurisdiction determined by the United States District Court for the Eastern District of New York to be the proper one for resolution of the dispute.

DATED: July 16, 2010

SEDGWICK, DETERT, MORAN & ARNOLD LLP By: /s/ BRUCE D. CELEBREZZE Bar No. 102181 RANDALL G. BLOCK Bar No. 121330 Attorneys for Defendants CHARTER OAK FIRE INSURANCE COMPANY, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, and ST. PAUL FIRE & MARINE INSURANCE COMPANY

DATED: July 16, 2010

COVINGTON & BURLING LLP By: /s/ SHANNON A. LANG, Bar No. 257470 Attorneys for Plaintiffs SETTON'S INTERNATIONAL FOODS, INC., AND SETTON PISTACHIO OF TERRA BELLA, INC.

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DATED: July 16, 2010

COZEN O'CONNOR

By:

/s/ CHARLES WHEELER Bar No. 82915 Attorneys for Defendants GREAT NORTHERN INSURANCE COMPANY, and FEDERAL INSURANCE COMPANY

IT IS SO ORDERED. Dated:
DEAC_Signature-END:

July 16, 2010

/s/ Oliver W. Wanger
UNITED STATES DISTRICT JUDGE

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