Gaylord, et al v. Nationwide Mutual Insurance Company, et al

Filing 40

STIPULATED REQUEST FOR ORDER STAYING ACTION Pending Resolution of Related State Court Action and ORDER THEREON, signed by Chief Judge Anthony W. Ishii on 03/24/2011. (Martin, S)

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THOMAS M. HERLIHY (SBN 83615) JOHN BURNITE (SBN 162223) LISA SILVA PASSALACQUA (SBN 161990) WILSON, ELSER, MOSKOWITZ, EDELMAN& DICKER LLP 525 Market Street, 17th Floor San Francisco, CA 94105 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] [e-mail] Attorneys for Defendants, NATIONWIDE MUTUAL INSURANCE COMPANY, AMCO INSURANCE COMPANY, and ALLIED GROUP, INC. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION TED GAYLORD and SHERI GAYLORD, as individuals and dba J&T CATTLE COMPANY, ) ) ) Plaintiffs ) ) vs. ) ) NATIONWIDE MUTUAL INSURANCE ) COMPANY, an Ohio Corporation, AMCO ) INSURANCE COMPANY, an Iowa Corporation; ) ALLIED GROUP, INC, an Iowa Corporation; and ) DOES 1 through 100, ) ) Defendants. Case No.: 1:10-CV-620 AWI MJS STIPULATED REQUEST FOR ORDER STAYING ACTION PENDING RESOLUTION OF RELATED STATE COURT ACTION AND ORDER THEREON

Defendant Nationwide Mutual Life Insurance Company and AMCO Insurance Company ("defendants") and plaintiffs Ted and Sheri Gaylord ("Gaylords"), through their attorneys of record, hereby submit this stipulated request for an Order staying the present action as follows: On April 1, 2009, plaintiff's Ted and Sheri Gaylord and business associate Parvis Kamangar filed a complaint for damages against feed companies alleging damage to cattle due to tainted feed purchased from the feed companies. ("Feed action") The Feed action, Case No. 639262, is presently
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STIPULATED REQUEST FOR ORDER STAYING ACTION PENDING RESOLUTION OF RELATED STATE COURT ACTION 652618.1

CASE NO. 1:10-00620-AWI-MJS

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proceeding in Stanislaus Superior Court and is set for trial on January 4, 2012. Resolution of the Feed action, may have an impact on the resolution of the matter before this Court. In an effort to conserve time, money and judicial resources, the parties desire to stay the present matter before this Court, including any pending discovery or pre-trial deadlines, pending resolution of the Feed action. The parties agree to file with the Court a joint status conference report, every six months, in accordance with the following schedule:

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652618.1

September 26, 2011 March 26, 2012 SO STIPULATED.

WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP

Dated: March 23, 2011

By: __/s/ Lisa Passalacqua______________ John T. Burnite Lisa Silva Passalacqua Attorneys for Defendants NATIONWIDE MUTUAL INSURANCE COMPANY, AMCO INSURANCE COMPANY, and ALLIED GROUP, INC.

DAMRELL, NELSON, SCHRIMP, PALLIOS, PACHER & SILVA

Dated: March 23, 2011

By /s/ George P. Rodarakis__________ George P Rodarakis Attorneys for Plaintiffs TED AND SHERI GAYLORD

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STIPULATED REQUEST FOR ORDER STAYING ACTION PENDING RESOLUTION OF RELATED STATE COURT ACTION

CASE NO. 1:10-00620-AWI-MJS

ORDER 1 2 3 4 joint status report on the following dates: 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
652618.1

The present action is STAYED pending resolution of the Stanislaus Superior Court Action, Case No. 639262 ("Feed action"). The parties are ordered to file with this Court, every six months, a

September 26, 2011 March 26, 2012 Additionally, irrespective of the above dates, the parties are directed to notify the Court if the "Feed Action" settles, or the trial date in the "Feed Action" is moved, or if a verdict is reached in the "Feed Action." Should one of these events occur, the parties shall not notify the Court no later than two weeks after the occurrence of the event.

IT IS SO ORDERED. Dated: March 24, 2011 CHIEF UNITED STATES DISTRICT JUDGE
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STIPULATED REQUEST FOR ORDER STAYING ACTION PENDING RESOLUTION OF RELATED STATE COURT ACTION

CASE NO. 1:10-00620-AWI-MJS