Evanston Insurance Company v. Quanta Specialty Lines Insurance Company et al

Filing 9

STIPULATION and ORDER 8 to stay case signed by Judge John A. Mendez on 12/16/2010. The deadlines set in Joint Status Report and for plaintiff's filing of Motion for Summary Judgment are hereby VACATED. This action is STAYED and parties will report back via Joint Status Report on or before 2/15/2011 advising Court as to result of mediation of Edwards v. S & J Development matter. (Marciel, M)

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LONG & LEVIT LLP
465 CALIFORNIA STREET SUITE 500 SAN FRANCISCO CALIF O R N I A 94104 [phone]

IRENE K. YESOWITCH State Bar #111575 LORRAINE A. BARRABEE State Bar #136300 LONG & LEVIT LLP 465 California Street, Suite 500 San Francisco, CA 94104 TEL: [phone] FAX: [phone] [e-mail] / [e-mail] Attorneys for Plaintiff EVANSTON INSURANCE COMPANY

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION EVANSTON INSURANCE COMPANY, Plaintiff, vs. QUANTA SPECIALTY LINES INSURANCE COMPANY, NORTH AMERICAN CAPACITY INSURANCE COMPANY and DOES 1 through 100, inclusive, Defendants. CASE No. Civ.S-10-2622 JAM JFM STIPULATION TO STAY ACTION AND CONTINUE DATES PREVIOUSLY SET AND ORDER

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CASE NO. CV 10 2004JL

STIPULATION TO STAY ACTION AND CONTINUE DATES PREVIOUSLY SET AND [PROPOSED] ORDER

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LONG & LEVIT LLP
465 CALIFORNIA STREET SUITE 500 SAN FRANCISCO CALIF O R N I A 94104 [phone]

Plaintiff Evanston Insurance Company ("Evanston") and Defendant North American Capacity Insurance Company ("NAC") hereby stipulate as follows: 1. Evanston and NAC, hereinafter collectively referred to as "the parties", submitted

a Joint Status Report to the Court on or about November 22, 2010. The Joint Status Report set forth agreed to deadlines for the parties' initial disclosures, discovery, mediation and law and motion matters. 2. On November 24, 2010 the Court entered a minute order adopting a deadline for

filing of Plaintiff's motion for summary judgment of March 9, 2011 and an accompanying hearing date. 3. This claim for declaratory relief and contribution filed by Evanston arises out of an

underlying action captioned Edwards v. S& J Development, et. al., Shasta County Superior Court Case No. 164399 ("Edwards v. S& J Development"). 4. 2011. 5. In the interest of attempting to resolve the underlying Edwards v. S& J Edwards v. S& J Development is currently scheduled for mediation on January 24,

Development matter and also to resolve this litigation, the parties have agreed to participate in the scheduled mediation in the Edwards v. S& J Development matter. 6. In the interest of judicial economy, pending the completion of the mediation of the

Edwards v. S& J Development matter, the parties have agreed to stay all pending deadlines in this matter including service of parties, joinder of additional parties, amendment of pleadings, motions, initial disclosures, discovery and Evanston's motion for summary judgment in order to first conduct the mediation in the Edwards v. S& J Development matter. 7. The parties agree that the deadline for Evanston's motion for summary judgment

set forth in the Court's scheduling order dated November 24, 2010 be stayed for sixty days. The parties further agree that on or before February 15, 2010, they will provide the Court with an updated Status Report reporting the results of the mediation of the Edwards v. S& J Development matter and if necessary proposing new dates for all dates set forth in the Joint Status Report and the Court's minute order. 2
CASE NO. CV 10 2004JL STIPULATION TO STAY ACTION AND CONTINUE DATES PREVIOUSLY SET AND [PROPOSED] ORDER

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LONG & LEVIT LLP
465 CALIFORNIA STREET SUITE 500 SAN FRANCISCO CALIF O R N I A 94104 [phone]

// IT IS SO STIPULATED: Dated: November __, 2010 By IRENE K. YESOWITCH LORRAINE A. BARABBEE Attorneys for Plaintiff EVANSTON INSURANCE COMPANY LONG & LEVIT LLP

Dated: November __, 2010

GRIMM, VRANJES, McCORMICK & GRAHAM LLP By A. CARL YAECKEL Attorneys for Defendant NORTH AMERICAN CAPACITY INSURANCE ORDER

Based on the foregoing stipulation of the parties, and good cause appearing, this Court ORDERS as follows: 1. 2. The deadlines set forth in the parties Joint Status Report are hereby vacated. The deadline for Plaintiff's filing a motion for summary judgment set forth in the

Court's November 24, 2010 minute order is hereby vacated. 3. The parties will report back to the Court by Joint Status Report on or before

February 15, 2011 advising the Court as to the result of the mediation of the Edwards v. S & J Development matter and if necessary proposing new dates for all previously set dates. Dated: 12/16/2010 /s/ John A. Mendez____________ Honorable Judge John A. Mendez

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CASE NO. CV 10 2004JL

STIPULATION TO STAY ACTION AND CONTINUE DATES PREVIOUSLY SET AND [PROPOSED] ORDER

PDF created with pdfFactory trial version www.pdffactory.com