Kotrous v. Goss-Jewett Co North, et al

Filing 353

STIPULATION and ORDER signed by Judge Frank C. Damrell, Jr on 5/4/10 ORDERING that the deadline to file dispositional documents is extended to 5/12/10. In the event the parties fail to dispose of this action by 5/12/10, the deadline for Goss-Jewett t o complete discovery is extended to 6/18/10. Bayer's deadline to serve amended memoranda and supporting evidence re its MSJ is extended to 7/9/10. In response Goss-Jewett, Anselmo Parties and Kotrous may file and serve their amended oppositions by 7/16/10.(Owen, K)

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JEFFORY J. SCHARFF (SBN 137620) MICHAEL E. VINDING (SBN 178359) SCHARFF, BRADY & VINDING 400 Capitol Mall, Suite 2640 Sacramento, CA 95814 Telephone: [phone] Facsimile: [phone] [e-mail] Attorneys for Defendant/Counter-Claimant/ Cross-Claimant/Cross-Defendant ROSALIE A. ANSELMO and KAREN L. LILIENTHAL, CO-TRUSTEES under that certain document entitled "THE EDWARD A. ANSELMO AND ROSALIE A. ANSELMO 1992 REVOCABLE TRUST" dated December 21, 1992; ALBERT ANSELMO ELEANOR ANSELMO, DAVE DAVELAAR and LINDA DAVELAAR

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

) ) Plaintiff, ) ) vs. ) ) GOSS-JEWETT COMPANY OF NORTHERN ) CALIFORNIA, INC., a California corporation;) ESTATE OF ROBERT LAMANET, ) individually and as an officer of GOSSJEWETT COMPANY; STEVEN LAMANET, ) ) individually and as an officer of GOSS) JEWETT COMPANY; MICHAEL LAMANET ) individually and as an officer of GOSS) JEWETT; ROSALIE A. ANSELMO and KAREN L. LILENTHAL, as Co ­ Trustees ) ) under that certain document entitled "The Edward A. Anselmo and Rosalie A. Anselmo ) 1992 Revocable Trust," dated December 21, ) 1992; BAYER CROPSCIENCE INC., a New ) York corporation, ) , ) Defendants. ) ) ) ) ) AND ALL RELATED CROSS-ACTIONS. ) )

JAMES KOTROUS, individually and doing business as THE MATTRESS FACTORY,

Case No.: CIV. S-02-01520 FCD JFM STIPULATION AND ORDER TO EXTEND TIME ON SETTLEMENT PROCESS

Trial Date: Time: Courtroom: Judge: Filing Date:

February 1, 2011 9:00 am 2 Frank C. Damrell, Jr. July 15, 2002

-1STIPULATION AND ORDER TO EXTEND TIME ON SETTLEMENT PROCESS

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On March 11, 2010, the parties conducted a VDRP mediation session under Civil Local Rule 271. Through this mediation session, the parties tentatively reached a global agreement potentially disposing of all the claims asserted in this action. The parties are currently engaged in preparing the necessary documents to finalize the agreement. On March 29, 2010, this Court issued its order upon stipulation of the parties (the "March 29 Order") which initially set April 14, 2010, as the deadline to file documents disposing of the within action and set numerous other deadlines pertaining to this action. On April 13, 2010, insurance carriers to defendants Edward A. Anselmo, deceased; Albert A. Anselmo, deceased; Rosalie Anselmo; Eleanor Anselmo; Dave and Linda Davelaar (collectively the "Anselmo Parties") advised through counsel that said insurance carriers objected to the proposed settlement. On April 13, 2010, counsel for the settling parties were advised as to these objections. After discussions between counsel there was mutual agreement to continue to pursue potential settlement, and counsel for the Anselmo Parties agreed to attempt to resolve the concerns of the Anselmo Parties' insurance carriers. On April 16, 2010, the Court issued its order upon stipulation of the parties which set April 28, 2010, as the deadline to file documents disposing of the within action and set numerous other deadlines pertaining to this action. Thereafter, counsel for the Anselmo Parties requested a statement of objections from all three carriers. To date, only two, Zurich North America and Century Indemnity, have responded. The Hartford has not. The settling parties continue to desire that the matter be settled, and as set forth below, stipulate to a further continuance of the settlement process to allow counsel for the Anselmo Parties to attempt to resolve the objections of their carriers. NOW, THEREFORE, COUNSEL FOR THE PARTIES HEREBY STIPULATE AND AGREE, through their counsel of record, that: 1. The deadline to file documents disposing of this action presently set for April 28,

2010, shall be extended to May 12, 2010. -2STIPULATION AND ORDER TO EXTEND TIME ON SETTLEMENT PROCESS

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2.

In the event the parties fail to completely dispose of this matter by May 12, 2010,

the settling parties request that this Court order carrier representatives of Zurich North America, Century Indemnity and The Hartford, fully authorized to resolve this matter, to appear before the Court on a date to be set by the Court. 3. In the event the parties fail to completely dispose of this action by May 12, 2010,

the deadline for Goss-Jewett to complete discovery permitted by the Court's February 17, 2010 order, shall be extended to June 18, 2010. 4. Similarly, to further support its motions for summary judgment, Bayer's deadline

to serve amended memoranda and any supporting evidence, addressing the further discovery, shall be extended to July 9, 2010, in response to which Goss-Jewett, the Anselmo Parties and Kotrous may file and serve amended oppositions no later than July 16, 2010. IT IS SO STIPULATED. DATED: _____4/29/10____________ SIMONS, SOMACH & DUNN

By: /s/ Michael Vergara (as authorized 4/29/10) Michael Vergara Attorneys for James Kotrous, individually and doing business as The Mattress Factory DATED: _____4/29/10_____________ EDGCOMB LAW GROUP

By:/s/ William D. Marsh (as authorized 4/29/10) William D. Marsh Attorneys for Bayer CropScience Inc. DATED: _____4/28/10_____________ SCHARFF, BRADY & VINDING

By: s/_Jeffory J. Scharff Jeffory J. Scharff Attorneys for Rosalie A. Anselmo, Karen Lilienthal, Albert Anselmo, Eleanor Anselmo, Dave Davelaar and Linda Davelaar

-3STIPULATION AND ORDER TO EXTEND TIME ON SETTLEMENT PROCESS

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DATED: _____4/29/10_____________

GREVE, CLIFFORD, WENGEL & PARAS, LLP

By: _/s/ Gary L. Vinson (as authorized 4/29/10) Gary L. Vinson Attorneys for Kleinfelder, Inc. DATED: _____5/4/10_____________ NOLEN LAW FIRM

By__/s/ Rudy Nolen (as authorized 5/4/10)\ Rudy Nolen Attorneys for Ramage Environmental and Joseph Ramage DATED: _____4/29/10______________ WILSON, ELSER, MOSKOWITZ, EDELMAN and DOCKER

By: _/s/ Emily Weissenberger (as authorized 4/29/10) Emily Weissenberger Attorneys for RAH Environmental DATED: _____________________ BRYDON, HUGO & PARKER

By:/s/ Roland Thè (as authorized 4/29/10) Roland Thè Attorneys for Goss-Jewett Company of Northern California, Inc., Michael Lamanet and Steven Lamanet

IT IS SO ORDERED. DATED: May 4, 2010 _________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE

-4STIPULATION AND ORDER TO EXTEND TIME ON SETTLEMENT PROCESS