American Causalty Company Of Reading, Pennsylvania et al v. Western Environmental Consultants, Inc. et al.,

Filing 135

STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr. on 1/9/2012 ORDERING that the hearing on the 126 Motion to Dismiss will be moved to March 5, 2012. In accordance with Local Rule 230, Lexington's Opposition to the Motion to Dismiss will therefore be due on Monday, February 20, 2012. In accordance with Local Rule 230, American Casualty and National Fire's Reply to Lexington's Opposition to the Motion to Dismiss will therefore be due on Monday, February 27, 2012. (Zignago, K.)

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James P. Wagoner, # 058553
Email: [e-mail]
Michael J. Schmidt, # 257371
Email: [e-mail]
McCormick, Barstow, Sheppard,
Wayte & Carruth LLP
P.O. Box 28912
5 River Park Place East
Fresno, CA 93720-1501
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant, Counterclaimant and
Cross-Claimant LEXINGTON INSURANCE
COMPANY

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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AMERICAN CASUALTY COMPANY
OF READING, PENNSYLVANIA, and
NATIONAL FIRE INSURANCE
COMPANY OF HARTFORD,
successor by merger to
TRANSCONTINENTAL
INSURANCE COMPANY,
Plaintiffs,
v.
WESTERN
ENVIRONMENTAL
CONSULTANTS, INC., a California
Corporation; and PACIFIC GAS &
ELECTRIC COMPANY, a California
Corporation;
LEXINGTON
INSURANCE
COMPANY;
UNDERWRITERS AT LLOYD'S
LONDON,

Case No. 2:10-CV-02806-GEB-EFB

JOINT STIPULATION AND
[PROPOSED] ORDER CONTINUING
HEARING ON MOTION TO DISMISS
AND TIME TO FILE OPPOSITION
AND REPLY TO MOTION TO
DISMISS
Judge: Honorable Garland E. Burrell, Jr.

Defendants.

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AND RELATED CROSS-ACTIONS
WHEREAS, on October 26, 2011, Lexington Insurance Company (“Lexington”)
filed a Third Amended Counterclaim and Cross-Claim (“TACC”) (Docket No. 125);

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WHEREAS Counter-Defendants American Casualty Company of Reading,

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Pennsylvania (“American Casualty”) and National Fire Insurance Company of Hartford

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(“National Fire”) filed a Motion to Dismiss Lexington’s TACC (“the Motion to Dismiss”)
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JOINT STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING ON MOTION TO DISMISS
AND TIME TO FILE OPPOSITION AND REPLY TO MOTION TO DISMISS
2:10-CV-02806-GEB-EFB

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on November 16, 2011 (Docket No. 126);
WHEREAS

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Counter-Defendant

Western

Environmental

Consultants,

Inc.

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(“WECI”) filed a Notice of Joinder in the Motion to Dismiss on November 16, 2011

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(Docket No. 127)
WHEREAS Counter-Defendant Pacific Gas & Electric Company (“PG&E”) filed a

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Notice of Joinder in the Motion to Dismiss on November 16, 2011 (Docket No. 128);
WHEREAS argument on the Motion to Dismiss is set to be heard on Monday,

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January 23, 2012, at 9:00 a.m.;
WHEREAS, pursuant to Local Rule 230, Lexington’s Opposition to the Motion to

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Dismiss is due on Monday, January 9, 2012;

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WHEREAS, pursuant to Local Rule 230, American Casualty and National Fire’s

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Reply to Lexington’s Opposition to the Motion to Dismiss is due on Friday, January 13,

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2012;
WHEREAS, there is presently a Status Conference in this case set for February 13,

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2012 (Docket No. 130);
WHEREAS, the parties are actively working to resolve this dispute through

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settlement, and believe this case may be resolved through settlement;

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The parties hereby stipulate, through their attorneys, as follows:

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(1) With the Court’s approval, the hearing on the Motion to Dismiss will be moved

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to March 5, 2012;
(2) In accordance with Local Rule 230, Lexington’s Opposition to the Motion to

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Dismiss will therefore be due on Monday, February 20, 2012; and

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(3) In accordance with Local Rule 230, American Casualty and National Fire’s

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Reply to Lexington’s Opposition to the Motion to Dismiss will therefore be due on

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Monday, February 27, 2012.

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///

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JOINT STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING ON MOTION TO DISMISS
AND TIME TO FILE OPPOSITION AND REPLY TO MOTION TO DISMISS
2:10-CV-02806-GEB-EFB

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Dated: January 6, 2012

McCORMICK, BARSTOW, SHEPPARD,
WAYTE & CARRUTH LLP

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By:
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Dated: January 6, 2012

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Dated: January 6, 2012

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COVINGTON & BURLING LLP
By:

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Dated: January 6, 2012

ORRICK HERRINGTON
& SUTCLIFFE LLP

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By:

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s/ Stephen M. Knaster _______
Richard J. DeNatale
Stephen M. Knaster
Attorneys for Defendant
PACIFIC GAS & ELECTRIC
COMPANY

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s/ Esta L. Brand ___________
Esta L. Brand
Attorneys for Defendant
WESTERN ENVIRONMENTAL
CONSULTANTS

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s/ Jeffrey A. Dollinger ________

Jeffrey A. Dollinger
Attorneys for Plaintiffs
AMERICAN CASUALTY COMPANY OF
READING, PENNSYLVANIA, AND
NATIONAL FIRE INSURANCE OF
HARTFORD, successor by merger to
TRANSCONTINENTAL INSURANCE
COMPANY

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WOOLS & PEER
By:

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s/ Michael J. Schmidt
James P. Wagoner
Michael J. Schmidt
Attorneys for Defendant
LEXINGTON INSURANCE COMPANY

Dated: January 6, 2012

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JAMPOL ZIMET LLP
By:________s/ Marcus Dong
_____________
Alan R. Jampol
Marcus Dong
Attorneys for Defendant
UNDERWRITERS
AT LLOYD’S LONDON

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IT IS SO ORDERED.

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1/9/11

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GARLAND E. BURRELL, JR.
United States District Judge
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JOINT STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING ON MOTION TO DISMISS
AND TIME TO FILE OPPOSITION AND REPLY TO MOTION TO DISMISS
2:10-CV-02806-GEB-EFB