Atlantic Casualty Insurance Company v. Crum, et al.

Filing 33

AMENDED STIPULATION and ORDER CONTINUING the Settlement Conference currently set for 1/8/2019 to 2/14/2019 at 11:00 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto and re-setting the Pretrial Conference currently set for 2/4/2019 to 3/4/2019 at 01:30 PM in Courtroom 5 (DAD) before District Judge Dale A. Drozd, signed by Magistrate Judge Sheila K. Oberto on 1/3/2019. (Kusamura, W)

1 Bryan M. Weiss (SBN 128679)
[e-mail]
2 MURCHISON & CUMMING, LLP
275 Battery Street, Suite 850
3 San Francisco, California 94111
Telephone: [phone]
4 Facsimile: [phone]
5 Attorneys for Plaintiff
ATLANTIC CASUALTY INSURANCE
6 COMPANY
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION

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12 ATLANTIC CASUALTY
INSURANCE COMPANY,
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Plaintiff,
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vs.
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SAM CRUM, an individual; SAM
16 CRUM WATER WELL DRILLING,
INC., a California Corporation; PAUL
17 E. PARREIRA, TRUSTEE OF THE
CREDIT TRUST CREATED UNDER
18 THE PARREIRA FAMILY TRUST,
U.T.D. AUGUST 19, 2008, a Trust,
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Defendants.
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CASE NO. 1:17-cv-00459-DAD-SKO
AMENDED STIPULATION AND
ORDER RE CONTINUANCE OF
SETTLEMENT CONFERENCE
AND PRE-TRIAL CONFERENCE;
ORDER
(Doc. 32)
Settlement Conf. Date: 1/8/19
Time: 10:00 a.m.
Courtroom: 7
Judge: Hon. Sheila K. Oberto

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The parties hereto, by and through their respective counsel of record, hereby

24 STIPULATE as follows:
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1.
The Settlement Conference in the above matter is presently set for
26 January 8, 2019. The Pre-Trial Conference is presently set for February 4, 2019. Trial
27 is set for April 2, 2019.
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AMENDED STIPULATION AND ORDER RE CONTINUANCE OF SETTLEMENT CONFERENCE AND PRETRIAL CONFERENCE; ORDER

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2.

On November 20, 2018, oral argument was held on plaintiff's Motion for

2 Summary Judgment before Judge Drozd. The matter was taken under submission and
3 there has not been a ruling issued yet. The parties agree that because of the potentially
4 dispositive nature of the pending MSJ ruling, the Settlement Conference will not be
5 productive or meaningful and that the case is not presently in settlement posture.
6 ACIC's claims representative is based in North Carolina.
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3.

Defendant Sam Crum is scheduled to undergo major surgery on January

8 8, 2019 and cannot personally attend the Settlement Conference.
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In light of the above, the parties STIPULATE that the Settlement Conference

10 presently set for January 8, 2019 be continued to February 14, 2019 and that the Pre11 Trial Conference presently set for February 4, 2019 be continued to March 4, 2019.
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13 DATED: January 3, 2019

MURCHISON & CUMMING, LLP

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By: /s/ Bryan M. Weiss
Bryan M. Weiss
Attorneys for Plaintiff,
ATLANTIC CASUALTY INSURANCE
COMPANY

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18 DATED: January 3, 2019
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By: /s/ Alfred L. Whitehurst
Attorneys for Defendant
PAUL E. PARREIRA, TRUSTEE OF
THE CREDIT TRUST CREATED
UNDER THE PARREIRA FAMILY
TRUST, U.T.D. AUGUST 19, 2008, a
Trust,

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AMENDED STIPULATION AND ORDER RE CONTINUANCE OF SETTLEMENT CONFERENCE AND PRETRIAL CONFERENCE; ORDER

1 DATED: January 3, 2019

THOMPSON & ASSOCIATES

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By: /s/ Linda J. DeVore
Attorneys for Defendant
SAM CRUM, an individual; SAM CRUM
WATER WELL DRILLING, INC., a
California Corporation

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AMENDED STIPULATION AND ORDER RE CONTINUANCE OF SETTLEMENT CONFERENCE AND PRETRIAL CONFERENCE; ORDER

ORDER

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Having considered the parties’ above-stipulation (Doc. 32), and good cause

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3 appearing therefore, it is HEREBY ORDERED that:
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The Settlement Conference previously set for January 8, 2019, is CONTINUED

5 to February 14, 2019, 11:00 AM in Courtroom 7 before Magistrate Judge Sheila K.
6 Oberto, and the Pre-Trial Conference presently set for February 4, 2019 is CONTINUED
7 to March 4, 2019, 1:30 PM in Courtroom 5 before District Judge Dale A. Drozd.
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9 IT IS SO ORDERED.
10 Dated:
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January 3, 2019

/s/

Sheila K. Oberto

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UNITED STATES MAGISTRATE JUDGE

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AMENDED STIPULATION AND ORDER RE CONTINUANCE OF SETTLEMENT CONFERENCE AND PRETRIAL CONFERENCE; ORDER