American States Ins. Co. v. Insurance Co. of the State of Pennsylvania

Filing 203

STIPULATION and ORDER SETTING REVISED BRIEFING SCHEDULE signed by District Judge Morrison C. England, Jr on 9/26/17. The parties' replies shall be filed no later than 10/12/2017. (Mena-Sanchez, L)

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ERIC C. STRAIN (SBN: 203834) estrain@nixonpeabody.com JUAN LUIS GARCIA (Pro Hac Vice) jgarcia@nixonpeabody.com NIXON PEABODY LLP One Embarcadero Center, Suite 1800 San Francisco, CA 94111 Telephone: 415-984-8373 Facsimile: 415-984-8300 Attorneys for Defendant INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA - SACRAMENTO DIVISION AMERICAN STATES INSURANCE COMPANY, Plaintiff, v. INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, CASE NO: 2:12-cv-01489-MCE-AC RELATED WITH CASE NO: 2:11-CV-00346-MCE-JFM STIPULATION AND ORDER SETTING REVISED BRIEFING SCHEDULE Hon. Morrison C. England, Jr. Defendant. Plaintiff American States Insurance Company (“ASIC”) and Defendant Insurance Company of the State of Pennsylvania (“ICSOP”) (collectively, the “Parties”), by and through their respective counsel, hereby submit the following stipulation and proposed order setting a revised briefing schedule for the parties’ respective Motions for Summary Judgment, permitted to be filed by the Memorandum and Order of the Hon. Morrison C. England, Jr. filed on May 23, 2017 (ECF No. 177). This stipulation and proposed order amends the prior briefing scheduling adopted by the Court’s Order, dated July 31, 2017 (ECF No. 187). WHEREAS, the Parties filed their respective Motions for Summary Judgment on July 21, 2017; STIPULATION AND ORDER SETTING REVISED BRIEFING SCHEDULE -1- WHEREAS, the Parties filed their respective oppositions to the motions on September 7, 2017; and WHEREAS, the Court, on its own motion, continued the hearing date for the Parties’ respective Motions for Summary Judgment from October 5, 2017 at 2:00 p.m. to November 2, 2017 at 2:00 p.m. THEREFORE, the Parties agree and stipulate that: 1. ASIC and ICSOP shall have until October 12, 2017 to file their respective replies in support of their Motions for Summary Judgment; 2. This Stipulation and Order supersedes the Parties’ Stipulation and Order, submitted by the Parties on July 17, 2017 (ECF Doc No. 178), and entered as an Order by the Court on July 31, 2017 (ECF Doc No. 187); and 3. By entering into this stipulation, the parties do not waive any rights or arguments with respect to their ability to request additional continuances, if necessary. IT IS SO STIPULATED. DATED: September 25, 2017 SHEPPARD MULLIN RICHTER & HAMPTON LLP By: /s/ Scott Sveslosk SCOTT SVESLOSKY BRENDA BISSETT Attorneys for Plaintiff AMERICAN STATES INSURANCE COMPANY DATED: September 25, 2017 NIXON PEABODY LLP By: /s/ Juan Luis Garcia ERIC C. STRAIN JUAN LUIS GARCIA, Pro Hac Vice Attorneys for Defendant INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA STIPULATION AND ORDER SETTING REVISED BRIEFING SCHEDULE -2- ORDER This matter came before the Court on the parties’ Stipulation to Set a Revised Briefing Schedule on the Motions for Summary Judgment. For the reasons stated in the Stipulation and for good cause shown, the Court ADOPTS the Stipulation and GRANTS the relief requested therein. Accordingly, IT IS HEREBY ORDERED THAT, the parties’ replies shall be filed no later than October 12, 2017. IT IS SO ORDERED. Dated: September 26, 2017 STIPULATION AND ORDER SETTING REVISED BRIEFING SCHEDULE -3-

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