Bel Air Mart et al v. Arnold Cleaners, Inc. et al

Filing 184

STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr on 3/8/13 ORDERING that Defendant Nagler's response to the Cross-Claim is due on or before 4/30/13. (Manzer, C)

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CARL P. BLAINE (State Bar #65229)
Email: [e-mail]
ERIC R. GARNER (State Bar #131232)
Email: [e-mail]
WAGNER KIRKMAN BLAINE
KLOMPARENS & YOUMANS LLP
10640 Mather Blvd., Suite 200
Mather, California 95655
Telephone: [phone]
Facsimile:
[phone]

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Attorneys for R. GERN NAGLER, as Trustee
of the John W. Burns Testamentary Trust, and
ROBERT GERN NAGLER

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
10640 Mather Blvd., Suite 200, Mather, California 95655
Phone: [phone] Fax: [phone]

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BEL AIR MART, a California corporation and
WONG FAMILY INVESTORS, L.P.,

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Plaintiffs,

Case No. 2:10-CV-02392 MCE-EFB
STIPULATION TO EXTEND
TIME TO RESPOND TO THE
CROSS-CLAIM OF ARROWOOD
INDEMNITY COMPANY
INSURER OF THE ESTATE OF
JOHN W. BURNS, DECEASED,
AND THE ESTATE OF ELICE G.
BURNS, DECEASED, PURSUANT
TO PROBATE CODE SECTION
550 ET SEQ.; ORDER

v.
ARNOLD CLEANERS, INC., et al.,
Defendants.

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AND RELATED CROSS-ACTIONS.

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TO THE COURT, ALL PARTIES, AND THEIR COUNSEL OF RECORD HEREIN:

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Pursuant to Local Rule 144(a), defendant and cross-claimant Arrowood Indemnity

25 Company, as alleged insurer of the Estate of John W. Burns, deceased, and the Estate of Elice G.
26 Burns, deceased, pursuant to Probate code section 550 et seq. (“Arrowood”), by and through its
27 counsel of record, Alex Potente of Sedgwick LLP, and Defendant and cross-defendant Robert
28 Gern Nagler, individually (“Nagler”), by and through his counsel of record Eric R. Garner of
{13868.00000 / 00670491.DOC.1 }

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1 Wagner Kirkman Blaine Klomparens & Youmans LLP, stipulate and agree as follows:
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The deadline for Nagler to respond to the Cross-Claim filed by Arrowood shall be

3 extended from February 19, 2013, up to and including April 30, 2013. The extension provided
4 for by this Stipulation may be terminated by any party to this Stipulation by service of written
5 notice of termination served by hand delivery, email, or facsimile. If the extension provided for
6 by this Stipulation is so terminated, the deadline for Nagler to respond to the Cross-Claim filed
7 by Arrowood shall be 20 days after the date of delivery of the notice of termination. No other
8 extensions have been sought as to the Arrowood Cross-Claim. Several other parties have been
9 granted extensions until April 30, 2013, in connection with the Counterclaim/Cross-Claim of
10 Century Indemnity Company, etc., the alleged insurer of The Estate of Ronald G. Armstrong,
10640 Mather Blvd., Suite 200, Mather, California 95655
Phone: [phone] Fax: [phone]

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Good cause exists for the requested extension. Several parties to this action, including

13 but not limited to the parties to this stipulation, are presently engaged in settlement discussions,
14 have participated in a full day of mediation before Robert Kaplan of Judicate West, and have
15 agreed to continue the mediation to a mutually acceptable date in the future. The parties are
16 hopeful that the continued mediation will take place in late March or April 2013, and are
17 working to coordinate and schedule this continued mediation. Based on the status of the parties’
18 settlement discussions and mediation, as well as other factors, the parties are meeting and
19 conferring about the possibility of filing a joint motion seeking a further brief stay of the
20 litigation. The requested extension would allow the parties to conserve their limited resources
21 while these settlement discussions and mediation are ongoing.
22 DATE: February 8, 2013
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WAGNER KIRKMAN BLAINE
KLOMPARENS & YOUMANS LLP
By: /s/ Eric R. Garner
Eric R. Garner
Attorneys for Defendant and
Counterdefendant Robert Gern Nagler,
Individually

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{13868.00000 / 00670491.DOC.1 }

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DATE: February _8, 2013

SEDGWICK LLP

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By: /s/ Allison Low [as authorized on 2/8/13
Allison Low
Attorneys for Cross-Claimant
Arrowood Indemnity Company, as alleged
insurer of the Estate of John W. Burns, deceased,
and the Estate of Elice G. Buns, deceased,
pursuant to Probate Code sections 500 et seq.

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ORDER
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Pursuant to the joint stipulation of the parties, and good cause appearing therefor, the
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10640 Mather Blvd., Suite 200, Mather, California 95655
Phone: [phone] Fax: [phone]

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request to extend the deadline for Defendant Robert Gern Nagler, individually (“Nagler”) to
respond to the Cross-Claim filed by Arrowood Indemnity Company as the alleged insurer of the
Estate of John W. Burns, deceased, and the Estate of Elice G. Burns, deceased, pursuant to
California Probate Code section 550 et seq. (“Arrowood”), is GRANTED. The deadline for
Nagler to respond to the Cross-Claim is hereby extended from February 19, 2013, up to and
including April 30, 2013. The extension provided for by this Stipulation may be terminated by

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any party to this Stipulation by service of written notice of termination served by hand delivery,
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email, or facsimile. If the extension provided for by this Stipulation is so terminated, the
deadline for Nagler to respond to the Cross-Claim filed by Arrowood shall be 20 days after the
date of delivery of the notice of termination.
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IT IS SO ORDERED.
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21 Dated:

March 8, 2013

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__________________________________________
MORRISON C. ENGLAND, JR., CHIEF JUDGE
UNITED STATES DISTRICT JUDGE

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{13868.00000 / 00670491.DOC.1 }

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