Leo Wilson Co., Inc., et al v. Quanta Specialty Lines Insurance Company

Filing 26

STIPULATION to Set Settlement Conference and ORDER thereon. SETTLEMENT CONFERENCE set for 6/20/2016 at 09:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. Note: additional information has been provided in the Order portion of this document. signed by Magistrate Judge Barbara A. McAuliffe on 5/31/2016. (Herman, H)

WANGER JONES HELSLEY PC
1 Kurt F. Vote, SB# 167496
Email: [e-mail]
2 Jay A. Christofferson, SB# 203878
Email: [e-mail]
3 265 E. River Park Circle, Suite 310
Fresno, California 93720
4 Telephone: [phone]
Facsimile: 559.233.9330
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Attorneys for LEO WILSON CO., INC. and WILSON HOMES, INC.
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LEWIS BRISBOIS BISGAARD & SMITH LLP
7 LANE J. ASHLEY, SB# 073296
Email: [e-mail]
8 KATHLEEN E. HEGEN, SB# 104522
Email: [e-mail]
9 MICHAEL K. JOHNSON, SB# 130193
E-Mail: [e-mail]
10 333 Bush Street, Suite 1100
San Francisco, California 94104
11 Telephone: [phone]
Facsimile: 415.362.2582
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Attorneys for Defendant Quanta Indemnity Company as successor by merger to Quanta Specialty
13 Lines Insurance Company
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UNITED STATES DISTRICT COURT EASTERN DISTRICT

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FRESNO DIVISION

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17 LEO WILSON CO., INC., a California
corporation and. WILSON HOMES, INC., a
18 California corporation,

CASE NO. 14-CV-01610-DAD-BAM
The Hon. Magistrate Judge Barbara A.
McAuliffe

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STIPULATION TO SET
SETTLEMENT CONFERENCE AND
ORDER THEREON

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Plaintiffs,
vs.

21 QUANTA SPECIALTY LINES INSURANCE
COMPANY and DOES 1 through 50, inclusive,
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Defendants.
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Date: June 20, 2016
Time: 9:30 a.m.
Courtroom: 8, 6th Floor
Complaint Filed: October 14, 2014

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WHEREAS, the current discovery deadline for this matter was May 16, 2016;

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WHEREAS, the current expert witness disclosure deadline for this matter was July 15,

27 2016;

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14-CV-01610-DAD-BAM
STIPULATION TO SET SETTLEMENT CONFERENCE AND ORDER THEREON

WHEREAS, the current dispositive motion deadline for this matter is November 15,

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2 2016;
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WHEREAS, the current trial date for this matter is May 16, 2017;

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WHEREAS, the parties have set numerous depositions which will be costly in part due

5 to travel time and expense, and also required time off work for the party representatives;
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WHEREAS, the parties desire a short hiatus from taking depositions to determine if the

7 matter can be resolved informally;
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WHEREAS, the parties agreed to submit their respective claims to mediation or an

9 early settlement conference and submitted on March 21, 2016, a stipulation and proposed
10 Order seeking to continue the discovery and expert disclosure deadlines to September 1, 2016
11 and November 15, 2016 respectively in order to allow them sufficient time to fully mediate the
12 above captioned action (“Request” Dkt#22);
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WHEREAS, on March 22, 2016, the Court issued a minute order partially granting the

14 Request, continuing the discovery deadline to August 1, 2016 and the expert disclosure deadline to
15 September 9, 2016 (Dkt#23);
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WHEREAS, on April 27, 2016, the Court issued a minute order stating that a settlement

17 conference would be set and directing the parties to meet and confer and to select an available date
18 (Dkt#24);
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WHEREAS, the parties, counsel and the Court are all available to attend a settlement

20 conference on June 20.
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IT IS SO STIPULATED:
DATED: May 25, 2016

WANGER JONES HELSLEY PC
By:
/s/ Jay A. Christofferson
Jay A. Christofferson
Attorneys for LEO WILSON CO., INC. and
WILSON HOMES, INC.

1

DATED: May 25, 2016

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LEWIS BRISBOIS BISGAARD & SMITH LLP
By:
/s/ Kathleen E. Hegen
Kathleen E. Hegen
Attorneys for LEO WILSON CO., INC. and
WILSON HOMES, INC.

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ORDER

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Pursuant to the above stipulation and good cause showing, the Court sets a settlement

8 conference for June 20, 2016 at 9:30 a.m. in Courtroom 8. Unless otherwise permitted in advance
9 by the Court, the attorneys who will try the case shall personally appear at the settlement
10 conference with the parties and the person or persons having full authority to negotiate and settle
11 the case, on any terms, at the conference. A Confidential Settlement Conference Statement is
12 MANDATORY from each party, and must be submitted to Judge McAuliffe’s chambers, at least
13 seven (7) calendar

days prior to the Settlement Conference.

Confidential Settlement

14 Conference Statements are due e-mailed to [e-mail]. This statement should
15 neither be filed with the clerk of the Court nor served on any other party.
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The settlement statement should not be lengthy but shall include a brief recitation of the

17 facts, a discussion of the strengths and weaknesses of the case, an estimate of the cost and time to
18 be expended for further pretrial and trial matters, and the relief sought. The parties are also
19 directed to include a candid statement on the party’s position on settlement, including the amount
20 which the party will accept to settle, realistic settlement expectations, present settlement
21 proposals, and a history of past settlement discussions, offers, demands, and a report on settlement
22 efforts to date.
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This Court will vacate the settlement conference if the Court finds the settlement

24 conference will be neither productive nor meaningful to attempt to resolve all or part of this case.
25 As far in advance of the settlement conference as possible, a party shall inform the Court and other
26 parties that it believes the case is not in a settlement posture so the Court may vacate or reset the
27 settlement conference. Otherwise the parties shall proceed with the settlement conference in good

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1 faith to attempt to resolve all or part of the case.
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IT IS SO ORDERED.
Dated:

May 31, 2016

/s/ Barbara

A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE

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