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

Filing 60

STIPULATION and ORDER 59 signed by Senior Judge Lawrence K. Karlton on 3/11/11; Plaintiffs shall file their first amended complaint on or before 3/11/11; Plaintiffs hereby withdraw their motion for leave to file the FAC, and vacate the hearing date, upon the Court's granting of this stipulation and proposed order; and Defendants shall file responsive pleadings to the FAC on or before Friday, May 6,2011.(Matson, R)

-GGH American Causalty Company Of Reading, Pennsylvania et al v. West... Consultants, Inc. et al.,

Doc. 60

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

RICHARD J. DENATALE (SBN 121416) Email: [e-mail] STEPHEN M. KNASTER (SBN 146236) Email: [e-mail] ORRICK, HERRINGTON & SUTCLIFFE LLP The Orrick Building 405 Howard Street San Francisco, CA 94105-2669 Telephone: [phone] Facsimile: [phone] STACY E. DON (SBN 226737) Email: [e-mail] ORRICK, HERRINGTON & SUTCLIFFE LLP 400 Capitol Mall, Suite 3000 Sacramento, CA 95814-4497 Telephone: [phone] Facsimile: [phone] MARK H. PENSKAR (SBN 77725) Email: [e-mail] PACIFIC GAS AND ELECTRIC COMPANY P.O. Box 7442 San Francisco, CA 94120 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant PACIFIC GAS AND ELECTRIC COMPANY UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 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, Defendants.
OHS West:261103750.1 JOINT STIPULATION AND [PROPOSED] ORDER REGARDING PLAINTIFFS' FILING OF A FIRST AMENDED COMPLAINT AND RESPONSES THERETO - 2:10-CV-02806-LKK-GGH

CASE NO. 2:10-CV-02806-LKK-GGH

JOINT STIPULATION AND ORDER REGARDING PLAINTIFFS' FILING OF A FIRST AMENDED COMPLAINT AND RESPONSES THERETO Judge: Honorable Lawrence K. Karlton

Dockets.Justia.com

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 By: /s/ Richard J. DeNatale Richard J. DeNatale Attorneys for Defendant PACIFIC GAS AND ELECTRIC COMPANY 2011. DATED: March 10, 2011 ORRICK HERRINGTON & SUTCLIFFE LLP WHEREAS, on February 28, 2011, plaintiffs filed a motion for leave to file a First Amended Complaint ("FAC") (Docket No. 50) due to new facts arising subsequent to the filing of the original complaint; WHEREAS, plaintiffs' motion for leave to amend is currently set for hearing in this Court on April 25, 2011; WHEREAS, because the parties have agreed to stipulate to the filing of the FAC, plaintiffs have agreed to withdraw their motion for leave to amend the original complaint and to vacate the hearing date on said motion, and have also agreed to set a date for defendants' responses to the FAC; WHEREAS, plaintiffs have agreed to file the FAC on or before March 11, 2011, or as soon as practicable after the Court rules on this stipulation and proposed order; WHEREAS, certain of the defendants expect to file motion(s) to stay this action and anticipate calendaring a hearing on said motions for April 25, 2011; WHEREAS, the parties agree that defendants may respond to the FAC on or before May 6, 2011. IT IS HEREBY STIPULATED THAT: 1. Plaintiffs shall file their FAC on or before March 11, 2011, or as soon as

practicable after the Court rules on this stipulation and proposed order; 2. Plaintiffs hereby withdraw their motion for leave to file the FAC, and vacate the

hearing date, upon the Court's granting of this stipulation and proposed order; 3. Defendants shall file responsive pleadings to the FAC on or before Friday, May 6,

OHS West:261103750.1

-1-

JOINT STIPULATION AND [PROPOSED] ORDER REGARDING PLAINTIFFS' FILING OF A FIRST AMENDED COMPLAINT AND RESPONSES THERETO - 2:10-CV-02806-LKK-GGH

1 2 3 4 5 6 7 8 9 10 By: 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: March 11, 2011 IT IS SO ORDERED. DATED: March 10, 2011 DATED: March 10, 2011 JAMPOL ZIMET LLP By: /s/ Marcus Dong (as authorized on 3/8/2011) Alan R. Jampol Marcus Dong Attorneys for Defendant UNDERWRITERS AT LLOYD'S LONDON /s/ Esta L. Brand (as authorized on 3/8/2011) Esta L. Brand Attorneys for Defendant WESTERN ENVIRONMENTAL CONSULTANTS DATED: March 10, 2011 DATED: March 10, 2011 WOOLS & PEER By: /s/ Jeffrey A. Dollinger (as authorized on 3/8/2011) Jeffrey A. Dollinger John E. Peer Attorneys for Plaintiffs AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, and NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, successor by merger to TRANSCONTINENTAL INSURANCE COMPANY

COVINGTON & BURLING LLP

MCCORMICK BARSTOW LLP By: /s/ Michael Schmidt (as authorized on 3/10/2011) James P. Wagoner Michael Schmidt Attorneys for Defendant LEXINGTON INSURANCE COMPANY

OHS West:261103750.1

-2-

JOINT STIPULATION AND [PROPOSED] ORDER REGARDING PLAINTIFFS' FILING OF A FIRST AMENDED COMPLAINT AND RESPONSES THERETO - 2:10-CV-02806-LKK-GGH