Gemini Insurance Company v. Western Marine Insurance Services Corporation

Filing 151

STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 9/21/16 ORDERING the Settlement Conference CONTINUED to 12/6/2016 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan. (cc EFB).(Washington, S)

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

9
10

11 GEMINI INSURANCE COMPANY,

Case No. 2:10-cv-03172-KJM-DB

12

STIPULATION FOR RESCHEDULING
OF SETTLEMENT CONFERENCE;
[PROPOSED] ORDER

a corporation,

Plaintiff,

13
14

vs.

CTRM:
8
MAG. JUDGE: EDMUND F. BRENNAN

WESTERN MARINE INSURANCE
15 SERVICES CORPORATION, a
California Corporation,
16

Defendant.

17

18 AND RELATED CROSS-ACTIONS.
19

STIPULATION

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21

WHEREAS the Court has ordered a settlement conference before Magistrate

22 Judge Brennan for September 22, 2016, at 10:00 a.m., in Courtroom No. 8 (ECF
23 No. 144),
24

WHEREAS on September 15, 2016, Western Marine Insurance Services

25 Corporation filed a Notice of Submission of Confidential Settlement Conference
26 Statement (ECF No. 146),
27

WHEREAS on September 15, 2016, Gemini Insurance Company filed a

28 Notice of Submission of Settlement Conference Statement (ECF No. 147),
{00126996.DOC 1}

1
Stipulation for Rescheduling of Settlement Conference; [Proposed] Order

WHEREAS on September 16, 2016, Marine Claims Services, Inc., filed a

1

2 Notice of Submission of Confidential Settlement Conference Statement (ECF No.
3 148),
4

WHEREAS Local Rule 270(f)(1) states, in part, that “counsel shall be

5 accompanied in person by a person capable of disposition, or shall be fully
6 authorized to settle the matter at the settlement conference on any terms,”
7

WHEREAS Joseph M. Pojman, Senior Vice President of Claims for Berkley

8 Program Specialists (Berkley), the authorized program administrator for plaintiff
9 Gemini Insurance Company, is the only person fully authorized to settle the matter
10 on behalf of Gemini, and was scheduled to attend the settlement conference as
11 Gemini’s authorized representative,
12

WHEREAS Mr. Pojman sustained a death in his family over this past

13 weekend,
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WHEREAS Mr. Pojman will be attending the funeral for his family member

15 on September 22, 2016, in Chicago, Illinois, and it will not be possible for
16 Mr. Pojman to attend the settlement conference on that day,
17

WHEREAS the settlement conference has been removed from the calendar

18 for September 22, 2016, after the court was informed of the facts stated above,
19

THEREFORE, Gemini Insurance Company, Western Marine Insurance

20 Services Corporation, Scottsdale Indemnity Company, Marine Claims Services,
21 Inc., Alliant Insurance Services, Inc., and David Cranmer stipulate and agree that
22 the settlement conference shall be rescheduled to December 6 or December 8,
23 2016, or to a date and time to be determined by the Court.
24

CHARLSTON, REVICH & WOLLITZ LLP

25
26

By: /s/ Howard N. Wollitz
Attorneys for Plaintiff/Fourth-Party Defendant
GEMINI INSURANCE COMPANY

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28
{00126996.DOC 1}

2

2:10-cv-03172-KJM-DB

Stipulation for Rescheduling of Settlement Conference; [Proposed] Order

CARROLL MCNULTY KULL LLC

1
2

By:

/s/ Gary S. Kull
(as authorized on September 19, 2016)
Attorneys for Intervenor/Fourth-Party Plaintiff
SCOTTSDALE INDEMNITY COMPANY

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4
5

KRONENBERG LAW, APC

6
7

By:

/s/ Stephen Harold Fleischer-Ihn
(as authorized on September 19, 2016)
Attorneys for Defendant/Third-Party Plaintiff
WESTERN MARINE INSURANCE SERVICES
CORPORATION

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9
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11

NORTH COUNTY LAW FIRM

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13

By:

/s/ Anton Carl Gerschler
(as authorized on September 19, 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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15
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17

MANNING & KASS, ELLROD, RAMIREZ,
TRESTER LLP

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19

By:

/s/ David Gorney
(as authorized on September 20, 2016)
Attorneys for Fourth-Party Defendant MARINE
CLAIMS SERVICES, INC.

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22

[PROPOSED] ORDER

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24

IT IS HEREBY ORDERED that the settlement conference is rescheduled

25 for December 6, 2016 at 10:00 a.m. in Courtroom No. 8.
26 Dated: September 21, 2016
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28
{00126996.DOC 1}

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2:10-cv-03172-KJM-DB

Stipulation for Rescheduling of Settlement Conference; [Proposed] Order