Gemini Insurance Company v. Western Marine Insurance Services Corporation

Filing 13

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 03/31/11. Status Conference re-set for 5/25/2011 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. The parties shall conduct their Federal Rule of Civil Procedure 26 conference no later than May 6, 2011. The parties shall file a joint status report no later than May 13, 2011. (Williams, D)

-JFM Gemini Insurance Company v. Western Marine Insurance Services Corporation

Doc. 13

1 Howard N. Wollitz, SBN 58674 2 CHARLSTON, REVICH & WOLLITZ LLP 3 Los Angeles, California 90067

Allan J. Favish, SBN 99651

1925 Century Park East, Suite 1250

4 [e-mail], [e-mail] 5 Attorneys for Plaintiff, 6 7 8 9 10 11 GEMINI INSURANCE COMPANY, a

[phone] · Fax: [phone]

GEMINI INSURANCE COMPANY

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

corporation,

Case No. 2:10-CV-03172-KJM-JFM STIPULATION AND ORDER TO CONTINUE STATUS CONFERENCE AND RELATED EVENTS

12 13 14

Plaintiff, vs. WESTERN MARINE INSURANCE California Corporation,

15 SERVICES CORPORATION, a 16 17 18 19 20

Defendant.

STIPULATION WHEREAS plaintiff Gemini Insurance Company ("Gemini") has filed this

21 action for breach of contract and negligence against defendant Western Marine 22 Insurance Services Corporation ("Westmar") on November 23, 2010; 23

WHEREAS on November 24, 2010, the court issued an "Order Setting

24 Status (Pretrial Scheduling) Conference" setting April 11, 2011 as the date for a 25 status (pretrial scheduling) conference; 26

WHEREAS on January 21, 2011, this action was reassigned from Judge

27 Garland E. Burrell, Jr., to Judge Kimberly J. Mueller; 28
{00037605.DOC 1}

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Stipulation And Order To Continue Status Conference And Related Events
Dockets.Justia.com

1

WHEREAS on February 14, 2011, the court reset the date of the status

2 (pretrial scheduling) conference to April 27, 2011, with a joint status report to be 3 filed no later than April 13, 2011; 4

WHEREAS on February 17, 2011, Westmar filed an answer to the

5 complaint; 6

WHEREAS on February 17, 2011, Westmar filed a third-party complaint for

7 indemnity and breach of contract against Alliant Insurance Services, Inc. 8 ("Alliant"), David Cranmer ("Cranmer") and Research Specialists, Inc. 9 ("Research"); 10

WHEREAS on February 18, 2011, the court issued a summons as to Alliant,

11 Cranmer and Research; 12

WHEREAS on February 17, 2011 Alliant was served by mail with a request

13 that it waive service of a summons pursuant to FRCP 4(d), thereby making its 14 response due April 18, 2011; 15

WHEREAS on February 17, 2011 Cranmer was served by mail with a

16 request that it waive service of a summons pursuant to FRCP 4(d), thereby making 17 his response due April 18, 2011; 18

WHEREAS on February 17, 2011 Research was served by mail with a

19 request that it waive service of a summons pursuant to FRCP 4(d), thereby making 20 its response due April 18, 2011; 21

WHEREAS by the time Gemini and Westmar reach the April 6, 2011

22 deadline for conducting their Federal Rule of Civil Procedure 26 conference, the 23 deadline for Alliant, Cranmer and Research to respond to the third-party complaint 24 will be 12 days thereafter, assuming that Alliant, Cranmer and Research do not 25 respond sooner; 26

WHEREAS if the status (pretrial scheduling) conference remains scheduled

27 for April 27, 2011, it is highly unlikely that Alliant, Cranmer and Research will 28 participate in the FRCP 26 conference currently scheduled to be conducted by
{00037605.DOC 1}

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Stipulation And [Proposed] Order To Continue Status Conference And Related Events

1 April 6, 2011 and in the joint status report to be filed by April 13, 2011; 2

WHEREAS if the status (pretrial scheduling) conference was to be

3 rescheduled for at least 30 days after April 27, 2011, to May 27, 2011, at the 4 earliest, then the participation by Alliant, Cranmer and Research in the FRCP 26 5 conference and the joint status report is virtually assured, thereby making the 6 process more efficient for the parties and the court. 7

THEREFORE, Gemini and Westmar hereby stipulate and agree to the

8 following: 9

The status (pretrial scheduling) conference should be rescheduled for at least

10 30 days after April 27, 2011, to May 25, 2011, at the earliest, and the dates for the 11 parties' Federal Rule of Civil Procedure 26 conference and filing of the joint status 12 report, rescheduled accordingly. 13 14 March 28, 2011 15 16 17 18 19 20 March 25, 2011 21 22 23 24 25 26 27 28
{00037605.DOC 1}

CHARLSTON REVICH & WOLLITZ, LLP

By: /s/ Howard Wollitz Howard Wollitz Allan J. Favish Attorneys for Plaintiff Gemini Insurance Company MURPHY PEARSON BRADLEY & FEENEY

By: /s/ Steven A. Kronenberg (as authorized on March 25, 2011) Steven A. Kronenberg Attorneys for Defendant Western Marine Insurance Services Corporation

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Stipulation And [Proposed] Order To Continue Status Conference And Related Events

ORDER
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{00037605.DOC 1}

Pursuant to stipulation of the parties, and good cause appearing therefore, IT IS ORDERED that the status (pretrial scheduling) conference is rescheduled from April 27, 2011, to May 25, 2011. The parties shall conduct their Federal Rule of Civil Procedure 26 conference no later than May 6, 2011. The parties shall file a joint status report no later than May 13, 2011. March 31, 2011.
UNITED STATES DISTRICT JUDGE

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Order To Continue Status Conference And Related Events