Praetorian Insurance Company v. Western Milling, LLC

Filing 16

STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr on 12/1/15 ORDERING the parties agree that Defendant will file its responsive pleading by December 7, 2015; The parties will meet and file a Joint Scheduling Conference Statement no later than December 16, 2015. (Becknal, R)

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McCormick, Barstow, Sheppard,
Wayte & Carruth LLP
James P. Wagoner, #58553
[e-mail]
Lejf E. Knutson, #234203
[e-mail]
7647 North Fresno Street
Fresno, California 93720
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant, WESTERN MILLING
LLC

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PRAETORIAN INSURANCE COMPANY, an
Illinois corporation,
Plaintiff,

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v.
WESTERN MILLING LLC, a California
limited liability company,
Defendant.

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For All Purposes Assigned To:
Judge Morrison C. England, Jr.,
Dispositive & Discovery Motions Only
Assigned To Magistrate Judge Erica P.
Grosjean
SUPPLEMENTAL STIPULATION AND
ORDER TO EXTEND DEADLINE FOR
FILING A RESPONSIVE PLEADING
Complaint Filed: April 10, 2015

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CASE NO.: 1:15-cv-00557-MCE-GSA

WHEREAS the parties to this action previously stipulated to stay of this action to explore
resolving this matter informally;

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WHEREAS the Court issued an order staying the action to October 31, 2015 and requiring

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Defendant to file a responsive pleading by November 23, 2015 if the parties had not resolved the

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dispute;

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WHEREAS Defendant has prepared for filing a counter-claim which refers to materials

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previously designated by the parties as “confidential”, potentially requiring Defendant to file its

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counter-claim under seal;

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STIPULATION AND ORDER TO EXTEND DEADLINE FOR FILING A RESPONSIVE
CASE NO.: 1:15-cv-00557-MCE-GSA
PLEADING
93232-00043 3678361.1

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WHEREAS the parties are meeting and conferring on whether the specific information

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referenced in the counter-claim should still be designated confidential and thereby require the cross-

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complaint to be filed under seal.

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WHEREAS the parties previously asked the Court to extend the previous filing deadline from

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November 23, 2015 to November 30, 2015 so that the parties could complete their meet and confer

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attempts.

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WHEREAS the Court extended the previous filing deadline from November 23, 2015 to
November 30, 2015 in conformity with the parties’ request.

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WHEREAS counsel for Praetorian Insurance Company has not been able to complete

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conferring with his client sufficiently in advance of the November 30, 2015 filing deadline due to

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delays caused by the holiday season.

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WHEREAS, subject to the Court issuing an order consistent with the terms of this stipulation,
the parties, by and between their respective attorneys, stipulate as follows:

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1.

The parties agree that Defendant will file its responsive pleading by December

7, 2015;

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2.

The parties will meet and file a Joint Scheduling Conference Statement no later than

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December 16, 2015.

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93232-00043 3678361.1

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STIPULATION AND ORDER TO EXTEND DEADLINE FOR FILING A RESPONSIVE
CASE NO.: 1:15-cv-00557-MCE-GSA
PLEADING

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Dated: November 25, 2015

MCCORMICK, BARSTOW, SHEPPARD,
WAYTE & CARRUTH LLP

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By: __/s/ James P. Wagoner_____________
James P. Wagoner
Attorneys for Defendant
WESTERN MILLING, LLC.

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Dated: November 25, 2015

SELVIN WRAITH HALMAN LLP

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By: /s/ Gary R. Selvin
Gary R. Selvin
Nancy J. Strout
Attorneys for Plaintiff
PRAETORIAN INSURANCE COMPANY

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IT IS SO ORDERED.
Dated: December 1, 2015

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STIPULATION AND ORDER TO EXTEND DEADLINE FOR FILING A RESPONSIVE
CASE NO.: 1:15-cv-00557-MCE-GSA
PLEADING
93232-00043 3678361.1