St. Paul Fire and Marine Insurance Company v. Kinsale Insurance Company

Filing 17

ORDER EXTENDING DEADLINES 16 Set in Scheduling Order, signed by Magistrate Judge Jennifer L. Thurston on 7/28/2021. Non-Dispositive Motion Deadlines: Filed by 2/4/2022; Hearing by 3/4/2022. Dispositive Motion Deadlines: Filed by 2/4/2022; Hearing by 3/18/2022. Pretrial Conference CONTINUED to 5/13/2022 at 08:30 AM in Courtroom 4. (Hall, S)

Case 1:20-cv-00967-NONE-JLT Document 17 Filed 07/28/21 Page 1 of 8

1 McCormick, Barstow, Sheppard,
Wayte & Carruth LLP
2 James P. Wagoner, #58553
Kevin D. Hansen, #119831
3 Brandon M. Fish, #203880
7647 North Fresno Street
4 Fresno, California 93720
Telephone: [phone]
5 Facsimile: [phone]
6 Attorneys for Plaintiff New York Marine
and General Insurance Company
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION

10
11 ST. PAUL FIRE AND MARINE
INSURANCE COMPANY,
12
Plaintiff,
13
KINSALE INSURANCE COMPANY,
14
Defendant.
15

Case No. 1:20-cv-00967-NONE-JLT
Consolidated With Case No. 1:20-cv01085-NONE-JLT
STIPULATION AND [PROPOSED]
ORDER EXTENDING DEADLINES
SET IN SCHEDULING ORDER
(Doc. 16)

16
17 NEW YORK MARINE AND
GENERAL INSURANCE COMPANY,
18 a Delaware corporation,
Plaintiff,

19
20

v.

21 KINSALE INSURANCE COMPANY,
an Arkansas corporation,
22
Defendant.
23
24 TRC OPERATING COMPANY, INC.,
a California corporation, TRC
25 CYPRESS GROUP, LLC, a California
Limited Liability Company,
26
Real Parties in Interest.
27
28
MCCORMICK, BARSTOW,
SHEPPARD, WAYTE &
CARRUTH LLP
7647 NORTH FRESNO STREET
FRESNO, CA 93720

Case No. 1:20-cv-00967-NONE-JLT
STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINES SET IN SCHEDULING ORDER

Case 1:20-cv-00967-NONE-JLT Document 17 Filed 07/28/21 Page 2 of 8

1

Pursuant to Eastern District of California Local Rule 143, Plaintiff St. Paul Fire

2 and Marine Insurance Company (“St. Paul”), Plaintiff New York Marine and General
3 Insurance Company (“New York Marine”), Defendant Kinsale Insurance Company
4 (“Kinsale”), Real Parties in Interest TRC Operating Company, Inc. and TRC Cypress
5 Group, LLC (collectively referred to as the “TRC Entities”) (St. Paul, New York
6 Marine, Kinsale and the TRC Entities are collectively referred to as the “Parties”), by
7 and through their undersigned counsel, hereby stipulate as follows:
8

WHEREAS, on July 17, 2014, the underlying case related to this matter was

9 filed in Kern County Superior Court by TRC Operating Company, Inc. and TRC
10 Cypress Group, LLC against Chevron U.S.A., Inc. (“Chevron”) on July 17, 2014,
11 entitled TRC Operating Co. v. Chevron, Kern County Case No. S-1500-CV-28252012 DRL (“TRC v. Chevron”);
13

WHEREAS, on May 18, 2017, Chevron filed a Cross-Complaint in TRC v.

14 Chevron against the TRC Entities which alleges claims against TRC for negligence,
15 trespass, and private nuisance;
16

WHEREAS, on February 15, 2012, Travelers issued policy no. ZPP 12R72162

17 to TRC for the policy period of February 15, 2012 to February 15, 2013, which was
18 subsequently renewed on February 15, 2013 for the policy period of February 15,
19 2013 to March 17, 2013;
20

WHEREAS, on March 17, 2014, New York Marine and General Insurance

21 Company issued Commercial General Liability Policy No. PK201400004061 to TRC
22 for the policy period of March 17, 2014 to March 17, 2015, which was subsequently
23 renewed on March 17 of 2015, 2016, and 2017, ultimately extending the policy period
24 to March 17, 2018;
25

WHEREAS, on March 17, 2013, Kinsale issued Commercial General Liability

26 Policy No. 0100010677-0 to Named Insured TRC Operating Company, Inc. for the
27 policy period of March 17, 2013 to March 17, 2014;
28 / / /
MCCORMICK, BARSTOW,
SHEPPARD, WAYTE &
CARRUTH LLP
7647 NORTH FRESNO STREET
FRESNO, CA 93720

Case No. 1:20-cv-00967-NONE-JLT
2
STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINES SET IN SCHEDULING ORDER

Case 1:20-cv-00967-NONE-JLT Document 17 Filed 07/28/21 Page 3 of 8

1

WHEREAS the Parties are informed and believe that non-party Lexington

2 Insurance Company (“Lexington”) issued Commercial General Liability Policy No.
3 553-9172-0015 to Named Insured TRC Operating Company, Inc., effective April 1,
4 1996 to April 1, 1997, which was subsequently renewed under Policy No. 553-91725 0016, effective April 1, 1997 to April 1, 1998 (the “Lexington Policy”); and
6

WHEREAS the Parties are informed and believe that non-party Lexington may

7 have issued a renewal of its Commercial General Liability Policy to TRC Operating
8 Company, Inc., effective April 1, 1998 to April 1, 1999, but that Lexington claims
9 that this Policy cannot be located (the “Disputed Lexington Policy”); and
10

WHEREAS, by an undated letter, Travelers extended a defense to TRC to the

11 cross-complaint in TRC v. Chevron, subject to a reservation of rights, and is currently
12 providing such a defense;
13

WHEREAS, by letter dated May 24, 2018, New York Marine extended a

14 defense to TRC to the cross-complaint in TRC v. Chevron, subject to a reservation of
15 rights, and is currently providing such a defense;
16

WHEREAS, Kinsale is not defending TRC in connection with TRC v. Chevron,

17 in line with Kinsale’s denial of coverage of the matter in a letter to TRC dated January
18 22, 2018;
19

WHEREAS, on July 10, 2020, St. Paul Fire initiated this action (Case No. 1:20-

20 cv-00967-NONE-JLT) by filing its Complaint against Kinsale alleging causes of
21 action for declaratory relief, equitable contribution, equitable indemnity, and
22 equitable subrogation in connection with Kinsale’s refusal to participate in the defense
23 of the TRC Entities in TRC v. Chevron;
24

WHEREAS, on August 5, 2020, New York Marine filed a Complaint against

25 Kinsale in Case No. 1:20-cv-01085-NONE-JLT alleging causes of action for
26 declaratory relief, equitable indemnity, equitable contribution, and equitable
27 subrogation against Defendant Kinsale in connection with Kinsale’s refusal to
28 participate in the defense of the TRC Entities in TRC v. Chevron; and
MCCORMICK, BARSTOW,
SHEPPARD, WAYTE &
CARRUTH LLP
7647 NORTH FRESNO STREET
FRESNO, CA 93720

Case No. 1:20-cv-00967-NONE-JLT
3
STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINES SET IN SCHEDULING ORDER

Case 1:20-cv-00967-NONE-JLT Document 17 Filed 07/28/21 Page 4 of 8

1

WHEREAS by letter dated November 6, 2020, Lexington issued a reservation

2 of rights letter offering to participate in the defense to TRC in TRC v. Chevron, subject
3 to a reservation of rights, but has not yet made payments toward defense fees and
4 costs; and
5

WHEREAS, on February 2, 2021, the Court issued an Order granting the

6 stipulation to consolidate cases numbered 1:20-cv-01085 NONE JLT and 1:20-cv7 00967 NONE JLT, with the scheduling order issued in Case No. 1:20-cv-01085
8 NONE JLT controlling the consolidated action;
9

WHEREAS, on November 6, 2020, the Court issued a Scheduling Order in this

10 case, which, among other things, establishes the deadlines for discovery, non11 dispositive motions, dispositive motions, and the final pre-trial conference in this case
12 (“Scheduling Order”);
13

WHEREAS, at the time that the Scheduling Order was issued on November 20,

14 2020, the trial in TRC v. Chevron was scheduled to start on March 15, 2021;
15

WHEREAS, TRC v. Chevron is currently pending and is scheduled to

16 commence trial on August 2, 2021; and
17

WHEREAS, St. Paul and New York Marine believe that certain coverage

18 issues presented in this action and the damages claimed by St. Paul and New York
19 Marine will be materially affected by the outcome of TRC v. Chevron and therefore
20 will not be set until there is a judgment in TRC v. Chevron, or that action is otherwise
21 resolved; and
22

WHEREAS, significant discovery will need to be taken after the trial of the

23 TRC v. Chevron Action, including review and analysis of the trial transcript thereof,
24 the evidence presented, the damages being claimed, the verdict reached by the jury,
25 if any, and the judgment, if any, which cannot be completed under the existing
26 deadlines set forth in the Scheduling Order; and
27

WHEREAS, it is anticipated that renewed concerns about the delta variant of

28 the COVID-19 virus, which is rapidly spreading throughout California, including
MCCORMICK, BARSTOW,
SHEPPARD, WAYTE &
CARRUTH LLP
7647 NORTH FRESNO STREET
FRESNO, CA 93720

Case No. 1:20-cv-00967-NONE-JLT
4
STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINES SET IN SCHEDULING ORDER

Case 1:20-cv-00967-NONE-JLT Document 17 Filed 07/28/21 Page 5 of 8

1 recent reintroduction of mask mandates due to rising infection rates in Los Angeles
2 County and elsewhere, will cause further delays in discovery, law and motion activity,
3 and participation of counsel in the within litigation;
4

THEREFORE, based on the foregoing, the Parties hereby stipulate and agree,

5 and respectfully request that the Court order the following:
6

1.

The deadline to disclose all expert witnesses set by the Scheduling Order

7 shall be extended by 120 days from July 30, 2021 to November 29, 2021 (the 120 th
8 day from July 30, 2021 is a Saturday, date extended to the following Monday).
9

2.

The deadline to disclose all rebuttal expert witnesses set by the

10 Scheduling Order shall be extended by 120 days from August 27, 2021 to December
11 27, 2021 (the 120th day from August 27, 2021 is a Saturday, date extended to the
12 following Monday).
13

3.

The non-expert discovery deadline set by the Scheduling Order shall be

14 extended by 120 days from September 10, 2021 to January 10, 2022 (the 120 th day
15 from September 10, 2021 is a Saturday, date extended to the following Monday).
16

4.

The expert discovery deadline set by the Scheduling Order shall be

17 extended by 120 days from September 24, 2021 to January 24, 2022 (the 120th day
18 from September 24, 2021 is a Saturday, date extended to the following Monday).
19

5.

The non-dispositive motion filing deadline set by the Scheduling Order

20 shall be extended by 120 days from October 7, 2021 to February 4, 2022.
21

6.

The non-dispositive motion hearing deadline set by the Scheduling Order

22 shall be extended by 120 days from November 4, 2021 to March 4, 2022.
23

7.

The dispositive motion filing deadline set by the Scheduling Order shall

24 be extended by 120 days from October 7, 2021 to February 4, 2022.
25

8.

The dispositive motion hearing deadline set by the Scheduling Order on

26 shall be extended by 120 days from November 18, 2021 to March 18, 2022.
27 / / /
28 / / /
MCCORMICK, BARSTOW,
SHEPPARD, WAYTE &
CARRUTH LLP
7647 NORTH FRESNO STREET
FRESNO, CA 93720

Case No. 1:20-cv-00967-NONE-JLT
5
STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINES SET IN SCHEDULING ORDER

Case 1:20-cv-00967-NONE-JLT Document 17 Filed 07/28/21 Page 6 of 8

1

9.

The final pre-trial conference date set by the Scheduling Order shall be

2 extended by 120 days from January 13, 2022 to May 13, 2022.
3
4 Dated: July 26, 2021
5

McCORMICK, BARSTOW, SHEPPARD,
WAYTE & CARRUTH LLP

6
By:

7

James P. Wagoner
Kevin D. Hansen
Brandon M. Fish
Attorneys for Plaintiff New York Marine and
General Insurance Company

8
9
10
11
12

Dated: July ___, 2021

13

NEMECEK & COLE
By:

14

Matthew J. Hafey
Gail Orr
Attorneys for Defendant Kinsale Insurance
Company

15
16
17
18
19
20
21
22

Dated: July ___, 2021

PLEDGER LAW, PC
By:
Jean M. Pledger
Attorneys for Real Parties in Interest TRC
Operating Company, Inc. and TRC Cypress
Group, LLC

23
24
25
26
27
28
MCCORMICK, BARSTOW,
SHEPPARD, WAYTE &
CARRUTH LLP
7647 NORTH FRESNO STREET
FRESNO, CA 93720

Case No. 1:20-cv-00967-NONE-JLT
6
STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINES SET IN SCHEDULING ORDER

Case 1:20-cv-00967-NONE-JLT Document 17 Filed 07/28/21 Page 7 of 8

1 Dated: July ___, 2021

MORALES FIERRO & REEVES

2
3
4
5

By:
William C. Reeves
Attorneys for Plaintiff St. Paul Fire and Marine
Insurance Company

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
MCCORMICK, BARSTOW,
SHEPPARD, WAYTE &
CARRUTH LLP
7647 NORTH FRESNO STREET
FRESNO, CA 93720

Case No. 1:20-cv-00967-NONE-JLT
7
STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINES SET IN SCHEDULING ORDER

Case 1:20-cv-00967-NONE-JLT Document 17 Filed 07/28/21 Page 8 of 8

1

[PROPOSED] ORDER

2
Based upon the stipulation of the parties, the Court ORDERS the case schedule amended as

3

4 follows:
5

1.

The parties SHALL disclose their expert witnesses no later than November 29, 2021.

6

2.

The parties SHALL disclose any rebuttal expert witnesses no later than December

7 27, 2021.
3.

The parties SHALL complete all non-expert discovery no later than January 10,

10

4.

The parties SHALL complete all expert discovery no later than January 24, 2022.

11

5.

The parties SHALL file non-dispositive motions, if any, no later than February 4,

8
9 2022.

12 2022 to be heard no later than March 4, 2022.
13

7.

The parties SHALL file dispositive motions, if any, no later than February 4, 2022

14 to be heard no later than March 18, 2022.
15

9.

The pre-trial conference is CONTINUED to May 13, 2022.

16

The Court does not anticipate again extending these deadlines.

17
18 IT IS SO ORDERED.
19
20

Dated:

July 28, 2021

_ /s/ Jennifer L. Thurston
CHIEF UNITED STATES MAGISTRATE JUDGE

21
22
23
24
25
26
27
28
MCCORMICK, BARSTOW,
SHEPPARD, WAYTE &
CARRUTH LLP
7647 NORTH FRESNO STREET
FRESNO, CA 93720

Case No. 1:20-cv-00967-NONE-JLT
8
STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINES SET IN SCHEDULING ORDER