Praetorian Insurance Company v. Western Milling, LLC

Filing 20

STIPULATION AND ORDER signed by Chief Judge Morrison C. England, Jr. on 12/22/2015 ORDERING that a Joint Scheduling Conference Statement be filed by 1/15/2016; PERMITTING Plaintiff Praetorian Insurance Company to serve a subpoena duces tecum on Andreini & Company immediately; PERMITTING Defendant Western Milling, LLC to serve a document production request on the plaintiff immediately. (Michel, G.)

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Gary R. Selvin, State Bar No. 112030
Nancy J. Strout, State Bar No. 121096
SELVIN WRAITH HALMAN LLP
505 14th Street, Suite 1200
Oakland, CA 94612
Telephone:
[phone]
Facsimile:
[phone]
E-mail: [e-mail]
[e-mail]
Attorneys for Plaintiff
PRAETORIAN INSURANCE COMPANY

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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,

CASE NO.: 1:15-cv-00557-MCE-EPG
For All Purposes Assigned To:
Judge Morrison C. England, Jr., Courtroom 7,
14th Floor - Sacramento
Dispositive & Discovery Motions Only
Assigned To: Magistrate Judge Erica P.
Grosjean, Courtroom

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SUPPLEMENTAL STIPULATION AND
ORDER TO EXTEND DEADLINE FOR
FILING SCHEDULING CONFERENCE
STATEMENT

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Complaint Filed: April 10, 2015

Defendant.

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WHEREAS the parties to this action previously stipulated to stay of this action to explore
resolving this matter informally;
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 the Court issued a subsequent order requiring Defendant to file a responsive

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pleading by December 7, 2015 and for the parties to meet and file a Joint Scheduling Conference

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Statement no later than December 16, 2015;

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SUPPLEMENTAL STIPULATION AND ORDER TO EXTEND DEADLINE FOR FILING
SCHEDULING CONFERENCE STATEMENT
CASE NO.: 1:15-cv-00557-MCE-EPG

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WHEREAS Defendant filed an answer and counter-claim on December 7, 2015;

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WHEREAS the parties require additional time to meet and file a Joint Scheduling Conference

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Statement;

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WHEREAS, Rule 26(d) provides a party in this action may not seek discovery from any
source prior to the discovery conference, except by stipulation or court order;

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WHEREAS, Plaintiff Praetorian Insurance Company wishes to serve a subpoena duces tecum
on Andreini & Company immediately;

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WHEREAS, Defendant Western Milling LLC has no objection to the proposed subpoena;

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WHEREAS, Defendant Western Milling LLC wishes to serve a document production request

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on Plaintiff Praetorian Insurance Company to obtain: (1) the services contract between Praetorian

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Insurance Company and National Claim Management; and (2) the portions of the claims file

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regarding Praetorian Insurance Company’s coverage investigation within its possession and/or

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control;

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WHEREAS, Plaintiff Praetorian Insurance Company has no objection to the proposed
document production request; and

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

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January 15, 2016.

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2.

Praetorian Insurance Company may serve a subpoena duces tecum on Andreini &

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Company immediately upon execution of this Stipulation and Order.

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SUPPLEMENTAL STIPULATION AND ORDER TO EXTEND DEADLINE FOR FILING
SCHEDULING CONFERENCE STATEMENT
CASE NO.: 1:15-cv-00557-MCE-EPG

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Defendant Western Milling LLC may serve a document production request on

Praetorian Insurance Company immediately upon execution of this Stipulation and Order.

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Dated: December 15, 2015

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MCCORMICK, BARSTOW, SHEPPARD,
WAYTE & CARRUTH LLP

By:

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/s/ James P. Wagoner
James P. Wagoner
Attorneys for Defendant
WESTERN MILLING, LLC.

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Dated: December 15, 2015

SELVIN WRAITH HALMAN LLP

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By:

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

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IT IS SO ORDERED.
Dated: December 22, 2015

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SUPPLEMENTAL STIPULATION AND ORDER TO EXTEND DEADLINE FOR FILING
SCHEDULING CONFERENCE STATEMENT
CASE NO.: 1:15-cv-00557-MCE-EPG