Gemini Insurance Company v. Western Marine Insurance Services Corporation

Filing 144

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 7/13/16: Settlement Conference set for 9/22/2016 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan. Final Pretrial Conference RESET for 11/4/2016 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. (Kaminski, H)

1 Howard N. Wollitz, SBN 58674

Allan J. Favish, SBN 99651

2 CHARLSTON, REVICH & WOLLITZ LLP

1925 Century Park East, Suite 1250

3 Los Angeles, California 90067

[phone] • Fax: [phone]

4 [e-mail], [e-mail]
5 Attorneys for Plaintiff, and Fourth-Party Defendant
6

GEMINI INSURANCE COMPANY

7

UNITED STATES DISTRICT COURT

8

FOR THE EASTERN DISTRICT OF CALIFORNIA

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10

Case No. 2:10-CV-03172-KJM-CKD
(TEMP)

11 GEMINI INSURANCE COMPANY,
12

a corporation,

STIPULATION PURSUANT TO
LOCAL RULE 270(b) FOR
SETTLEMENT CONFERENCE WITH
ASSIGNED JUDGE, WAIVER OF
DISQUALIFICATION, AND
VACATION OF DATES FOR
SUBMISSION OF JOINT PRETRIAL
CONFERENCE STATEMENT, AND
FINAL PRETRIAL CONFERENCE;
ORDER

Plaintiff,

13

vs.

14

WESTERN MARINE INSURANCE

15 SERVICES CORPORATION, a
16

California Corporation,

Defendant.

17

18 AND RELATED CROSS-ACTIONS. CTRM:

JUDGE:

19

3
Kimberly J. Mueller

STIPULATION

20

WHEREAS the Court issued its order regarding Gemini Insurance

21

22 Company’s Motion for Summary Judgment on June 22, 2016 (ECF No. 142), as a
23 result of which all parties consider a settlement conference to be appropriate at this
24 time,
25

WHEREAS July 15, 2016, is the deadline for the parties to submit their Joint

26 Pretrial Conference Statement,
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28
{00124179.DOC 1}

1

Stip for Settlement Conference w/Assigned Judge, Waiver of Disqualification, and Vacation of Dates for
Submission of Joint Pretrial Conference Statement, and Final Pretrial Conference; Order

1

WHEREAS the Final Pretrial Conference is scheduled for July 29, 2016,

2

WHEREAS Local Rule 270(a) states that “a settlement conference shall be

3 held in all actions,”
4

WHEREAS Local Rule 270(b) states that the assigned Judge shall not

5 conduct the settlement conference unless affirmatively requested to do so by all
6 parties with a written waiver of any claim of disqualification,
7

THEREFORE, Gemini Insurance Company, Western Marine Insurance

8 Services Corporation, Scottsdale Indemnity Company, Marine Claims Services,
9 Inc., Alliant Insurance Services, Inc., and David Cranmer stipulate and agree that:
10

1) A settlement conference shall be held in this action pursuant to Local

11 Rule 270(a),
12

2) All parties affirmatively request that the assigned Judge, Hon. Kimberly

13 J. Mueller, may conduct the settlement conference,
14

3) All parties waive any claim of disqualification based upon the

15 participation of Judge Mueller in the settlement conference,
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4) On a date and time to be determined by the court, all counsel will

17 participate in a conference call with the court for the purpose of selecting a date
18 and time for the settlement conference, and
19

4) The present dates of July 15, 2016, for submission of the Joint Pretrial

20 Conference Statement, and July 29, 2016, for the Final Pretrial Conference, are
21 vacated, to be rescheduled by the court if the case is not resolved at the settlement
22 conference.
23

CHARLSTON, REVICH & WOLLITZ LLP

24

By: /s/ Howard N. Wollitz
Plaintiff, Fourth-Party Defendant
and Cross-Complainant GEMINI
INSURAN CE COMPANY

25
26
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28
{00124179.DOC 1}

2

2:10-CV-03172-KJM-CKD (TEMP)

Stip for Settlement Conference, Vacation of Dates for Submission of Joint Final Pretrial Conference Statement
and Final Pretrial Conference; Order

HAIGHT BROWN & BONESTEEL, LLP

1
2

By: /s/ Valerie A. Moore (as authorized on
July 7, 2016)
Attorneys for Intervenor/Fourth-Party
Plaintiff SCOTTSDALE INDEMNITY
COMPANY

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4
5
6

KRONENBERG LAW, APC

7

By: /s/ Stephen Harold Fleischer-Ihn (as
authorized on July 7, 2016)
Attorneys for Defendant/Third-Party
Plaintiff WESTERN MARINE
INSURANCE SERVICES
CORPORATIONNORTH COUNTY LAW
FIRM

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9
10
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By: /s/ Anton Carl Gerschler (as authorized
on July 7, 2016)
Attorneys for Third-Party Defendants
ALLIANT INSURANCE SERVICES, INC.
and DAVID CRANMER; and Fourth-Party
Defendant ALLIANT INSURANCE
SERVICES, INC.

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14
15
16
17

MANNING & KASS, ELLROD,
RAMIREZ, TRESTER LLP

18
19

By: /s/ David Gorney (as authorized on July
7, 2016)
Attorneys for Fourth-Party Defendant
MARINE CLAIMS SERVICES, INC.

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{00124179.DOC 1}

3

2:10-CV-03172-KJM-CKD (TEMP)

Stip for Settlement Conference, Vacation of Dates for Submission of Joint Final Pretrial Conference Statement
and Final Pretrial Conference; Order

ORDER

1
2

IT IS HEREBY ORDERED that:

3

1)

All parties shall participate in the settlement conference as provided

4 by Local Rule 270(a).
5

2)

The parties waive conflict to Judge Mueller acting as settlement

6 judge, however, due to Judge Mueller’s trial schedule she is unavailable to
7 participate and Magistrate Judge Edmund F. Brennan has been drawn to act as
8 settlement judge in this matter.
9

3)

A settlement conference is scheduled before Judge Brennan for

10 September 22, 2016 at 10:00 a.m. in Courtroom No. 8, 13th Floor.

The parties are directed to submit confidential settlement conference

11

12 statements via e-mail ([e-mail]) to Judge Brennan’s chambers
13 seven (7) days prior to the settlement conference. Such statements are neither to be
14 filed with the clerk nor served on opposing counsel. However, each party shall e15 file a one page document entitled Notice of Submission of Confidential Settlement
16 Conference Statement. The parties may agree, or not, to serve each other with the
17 settlement statements. Each party is reminded of the requirement that it be
18 represented in person at the settlement conference by a person able to dispose of
19 the case or fully authorized to settle the matter at the settlement conference on any
20 terms. See Local Rule 270.
21

4)

The Final Pretrial Conference set for July 29, 2016 is vacated and

22 reset for November 4, 2016 at 10:00 in Courtroom No. 3, 15th Floor, with the
23 parties’ Joint Pretrial Conference Statements due on or before October 14, 2016.
24 DATED: July 13, 2016.
25
26

UNITED STATES DISTRICT JUDGE

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{00124179.DOC 1}

4

2:10-CV-03172-KJM-CKD (TEMP)

Stip for Settlement Conference, Vacation of Dates for Submission of Joint Final Pretrial Conference Statement
and Final Pretrial Conference; Order