Praetorian Insurance Company v. Western Milling, LLC

Filing 8

STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr. on 07/17/15 ORDERING that this action is STAYED until 09/01/15; if the matter has not resolved by 09/01/15, defendant agrees to waive service and file a responsive pleading by 09/21/15; parties will meet and file a Joint Scheduling Conference Statement by 09/30/15. (Benson, A)

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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,

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

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STIPULATION AND ORDER FOR 60-DAY
STAY OF LITIGATION
Complaint Filed: April 10, 2015

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For All Purposes Assigned To:
Judge Morrison C. England, Jr., Courtroom 7,
14th Floor - Sacramento
Dispositive & Discovery Motions Only
Assigned To Magistrate Judge Gary S. Austin,
Courtroom 10, 6th Floor - Fresno

Plaintiff,

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

WHEREAS plaintiff Praetorian Insurance Company insured Western Milling LLC under a
policy which included general liability coverage, and
WHEREAS Western Milling tendered a claim to Praetorian for coverage for the death and/or
or exposure of cattle to toxicity in feed, and
WHEREAS Praetorian denied coverage for the claim and filed this action for declaratory
relief on April 10, 2015 concerning the availability of coverage for;
WHEREAS Western Milling has not executed the waiver of service, acknowledged receipt of
the complaint or appeared in this action; and
WHEREAS counsel for plaintiff and defendant have agreed to exchange documents, subject
to an already-executed confidentiality agreement and to explore resolving this matter informally,
Subject to the Court issuing an order consistent with the terms of this stipulation, the parties,
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STIPULATION AND ORDER FOR 60-DAY STAY OF LITIGATION

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

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by and between their respective attorneys, stipulate as follows:

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1.

This action is stayed until September 1, 2015;

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2.

If the matter has not resolved by September 1, 2015, defendant agrees to waive service

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and file a responsive pleading by September 21, 2015;
3.

All deadlines pursuant to Federal Rules of Civil Procedure 16, 26 and/or the Court’s

local rules are continued to be reset following the expiration of the stay;
4.

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

September 30, 2015.

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Dated: July 13, 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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Dated: July 16, 2015

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MCCORMICK, BARSTOW, SHEPPARD, WAYTE &
CARRUTH LLP

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By: /s/ James P.Wagoner______
James P. WagonerWagoner
Attorneys for Defendant
WESTERN MILLING, LLC.

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IT IS SO ORDERED.
Dated: July 17, 2015

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STIPULATION AND ORDER FOR 60-DAY STAY OF LITIGATION

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