Ellison Framing, Inc. v. Zurich American Insurance Company

Filing 28

ORDER signed by Judge Lawrence K. Karlton on 9/30/2013 ORDERING 26 the hearing on defendant's motion to strike is CONTINUED to 12/9/2013 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton; plaintiff's Opposition due by 10/ 7/2013; and defendant's reply if any, by 10/14/2013; the hearing on defendant's 37 motion to reassign and consolidate is also CONTINUED to 12/9/2013 at 10:00 AM; Plaintiff's opposition due by 10/21/2013, and defendant's reply by 10/28/2013. (Reader, L)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ELLISON FRAMING, INC.,

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No.

CIV. S-11-0122 LKK/DAD

Plaintiff,
v.

ORDER

ZURICH AMERICAN INSURANCE
COMPANY,

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Defendant.
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On August 23, 2013, plaintiff Ellison Framing, Inc. filed

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apparently-identical complaints against defendant Zurich American

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Insurance Company in two separate actions in the Eastern District

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of California. One is before this court (No. 11-cv-122-LKK-DAD,

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ECF No. 24); the other is before the Hon. John A. Mendez (No. 13-

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cv-1761-JAM-AC, ECF No. 1). Judge Mendez issued an order to show

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cause as to why the latter case should not be dismissed as

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duplicative; after reviewing plaintiff’s response, he ultimately

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issued an order declining to so dismiss. (No. 13-cv-1761-JAM-AC,

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ECF Nos. 6-8.)

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Now pending before this court are the following:
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Defendant’s Notice of Related Cases. (ECF No. 25.)

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Defendant’s Motion to Strike Plaintiff’s August 23,

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2013 Complaint and Enforce the April 4, 2011 Order

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Staying Action and Compelling Arbitration, currently

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set for hearing on October 21, 2013. (ECF No. 26.)

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Defendant’s Motion to Reassign and Consolidate Cases,

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currently set for hearing on November 4, 2013. (ECF

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No. 27)

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Having reviewed defendant’s filings to date, it appears that

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these motions address closely-related issues, and should

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therefore be considered together. Accordingly, the court hereby

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orders as follows:

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[1] The hearing on defendant’s Motion to Strike Plaintiff’s

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August 23, 2013 Complaint and Enforce the April 4, 2011

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Order Staying Action and Compelling Arbitration is CONTINUED

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until December 9, 2013 at 10:00 a.m. Briefing deadlines for

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this motion are unchanged, so that plaintiff’s opposition

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will be due on October 7, 2013, and defendant’s reply, if

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any, will be due on October 14, 2013.

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[2] The hearing on defendant’s Motion to Reassign and

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Consolidate is also CONTINUED until December 9, 2013 at

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10:00 a.m. Briefing deadlines for this motion are unchanged,

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so that plaintiff’s opposition will be due on October 21,

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2013, and defendant’s reply, if any, will be due on October

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28, 2013.

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IT IS SO ORDERED.

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DATED:

September 30, 2013.
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