Houston Casualty Company v. Charter Oak Fire Insurance Company et al

Filing 177

STIPULATION AND ORDER TO EXTEND HEARING AND BRIEFING DATES FOR TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA'S MOTION TO MODIFY THE SCHEDULING ORDER AGAINST MP NEXLEVEL OF CALIFORNIA, INC. signed by Chief Judge Lawrence J. O'Neill on May 19, 2017. (Munoz, I)

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THE AGUILERA LAW GROUP, APLC
A. Eric Aguilera, Esq. (SBN 192390)
Raymond E. Brown, Esq. (SBN 164819)
Rebecca E. Hunter, Esq. (SBN 271420)
650 Town Center Drive, Suite 100
Costa Mesa, CA 92626
T: 714-384-6600 / F: 714-384-6601
[e-mail]
[e-mail]
[e-mail]

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Attorneys for defendant/counter-claimant/cross-claimant TRAVELERS
PROPERTY CASUALTY COMPANY OF AMERICA, erroneously sued as THE
CHARTER OAK FIRE INSURANCE COMPANY and THE PHOENIX
INSURANCE COMPANY

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA – FRESNO DIVISION

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HOUSTON CASUALTY COMPANY,

)
)
Plaintiff,
)
v.
)
)
THE CHARTER OAK FIRE
)
INSURANCE COMPANY; ACE
)
AMERICAN INSURANCE COMPANY; )
PREFERRED CONTRACTORS
)
INSURANCE COMPANY, RRG, LLC; )
THE PHOENIX INSURANCE
)
COMPANY; WEST AMERICAN
)
INSURANCE COMPANY; CRUM &
)
FORSTER SPECIALTY INSURANCE )
COMPANY; FINANCIAL PACIFIC
)
INSURANCE COMPANY; MP
)
NEXLEVEL OF CALIFORNIA, INC.; )
and DOES 1 through 10,
)
)
Defendants.
)
)
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Case No. 1:16-cv-00535-LJO-EPG
STIPULATION AND ORDER TO
EXTEND HEARING AND
BRIEFING DATES FOR
TRAVELERS PROPERTY
CASUALTY COMPANY OF
AMERICA’S MOTION TO
MODIFY THE SCHEDULING
ORDER AGAINST MP NEXLEVEL
OF CALIFORNIA, INC.

CASE NO.: 1:16-cv-00535-LJO-EPG
STIPULATION TO EXTEND DATES OF TRAVELERS’ MOTION TO MODIFY THE SCHEDULING ORDER

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AND RELATED CROSS-ACTIONS

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)
)
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Defendant/counter-claimant/cross-claimant

TRAVELERS

PROPERTY

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CASUALTY COMPANY OF AMERICA, erroneously sued as THE CHARTER

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OAK FIRE INSURANCE COMPANY and THE PHOENIX INSURANCE

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COMPANY (herein “Travelers”) and cross-defendant, MP NEXLEVEL OF

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CALIFORNIA, INC. (herein “MPC”) submit the following stipulation and proposed

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order to extend certain dates, and said parties request the Court’s approval, or the

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Court’s issuance of an independent order similarly extending dates in relation to

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Travelers’ pending motion.

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1.

On May 3, 2017, Travelers filed its motion to modify the scheduling

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conference order and allow Travelers leave to file a first amended cross-claim, and

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requested a hearing date of June 5, 2017. [ECF No. 164]

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2.

On May 4, 2017, all parties appearing in this case to date participated in

mediation with Ross Hart.

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3.

The mediation process is ongoing at this time.

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4.

MPC’s opposition to Travelers’ motion to modify the scheduling

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conference order and allow Travelers leave to file a first amended cross-claim is

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presently due on May 22, 2017.

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5.

To facilitate the ongoing mediation process, Travelers and MPC agree

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that an extension of the June 5, 2017, hearing date on Travelers’ motion, and all

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associated briefing deadlines, is appropriate and in the interests of efficiency.

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6.

Travelers and MPC agree and stipulate to a new hearing date of June 26,

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2017, and new corresponding briefing dates of June 5, 2017, for MPC’s opposition to

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Travelers’ motion, and June 19, 2017, for Travelers’ reply.

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IT IS SO STIPULATED.

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CASE NO.: 1:16-cv-00535-LJO-EPG
STIPULATION TO EXTEND DATES OF TRAVELERS’ MOTION TO MODIFY THE SCHEDULING ORDER

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Dated: May 19, 2017

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THE AGUILERA LAW GROUP, APLC
/s/ Rebecca E. Hunter, Esq.
A. Eric Aguilera, Esq.
Raymond E. Brown, Esq.
Rebecca E. Hunter, Esq.
Attorneys for Defendant/Cross-Claimant
TRAVELERS PROPERTY CASUALTY
COMPANY OF AMERICA, erroneously sued as
THE CHARTER OAK FIRE INSURANCE
COMPANY and THE PHOENIX INSURANCE
COMPANY

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Dated: May 19, 2017

DEWITT, MACKALL, CROUNSE & MORSE,
S.C.
/s/ Holly J. Newman
Holly J. Newman, Esq.
James D. Kremer, Esq.
Attorneys for Cross-Defendant/Counter-Claimant
MP Nexlevel of California, Inc.

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CASE NO.: 1:16-cv-00535-LJO-EPG
STIPULATION TO EXTEND DATES OF TRAVELERS’ MOTION TO MODIFY THE SCHEDULING ORDER

ORDER

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The Court has considered the stipulation of TRAVELERS PROPERTY

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CASUALTY COMPANY OF AMERICA, erroneously sued as THE CHARTER

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OAK FIRE INSURANCE COMPANY and THE PHOENIX INSURANCE

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COMPANY and MP NEXLEVEL OF CALIFORNIA, INC. and their joint request

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for an extension of certain pending dates. In light of the status of the parties’

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mediation efforts, and in the interests of efficiency, the Court approves and grants the

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parties’ request as follows:

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IT IS HEREBY ORDERED that the hearing on Travelers’ Motion to Modify

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the Scheduling Conference Order and Allow Travelers Leave to File a First Amended

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Cross-Claim, currently set for June 5, 2017, is rescheduled to June 26, 2017. MP

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Nexlevel of California, Inc.’s opposition to Travelers’ motion shall be filed and

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served on June 5, 2017, and Travelers’ reply shall be filed and served on June 19,

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2017.

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IT IS SO ORDERED.
Dated:

May 19, 2017

/s/ Lawrence J. O’Neill

_____
UNITED STATES CHIEF DISTRICT
JUDGE