Lincoln General Insurance Company v. Kennedy, et. al.

Filing 23

STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr. on 3/15/2013 ORDERING that the Status Conference currently set for 3/25/2013 is CONTINUED to 6/10/2013 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. A joint status report shall be filed fourteen days prior to the hearing. (Zignago, K.)

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1 2 3 NORMAN A. RYAN, ESQ. (Bar No. 116175) RYAN MERCALDO LLP 3636 Nobel Drive, Suite 200 San Diego, California 92122 (858) 455-8700; Facsimile (858) 455-8701 nryan@ryanmercaldolaw.com 4 5 6 7 8 MARK A. HOOPER, ESQ. (Bar No. 173979) RUBERRY, STALMACK & GARVEY, LLC 500 West Madison Street, Suite 2300 Chicago, IL 60661 (312) 466-8050; Facsimile (312) 466-8055 mark.hooper@rsg-law.com Attorneys for Plaintiff/Counter-Defendant, LINCOLN GENERAL INSURANCE COMPANY 9 10 UNITED STATES DISTRICT COURT 11 EASTERN DISTRICT OF CALIFORNIA – SACRAMENTO DIVISION 12 13 14 15 16 17 18 19 20 21 22 LINCOLN GENERAL INSURANCE COMPANY, ) ) ) Plaintiff, ) ) v. ) ) MARK RAYMOND KENNEDY, individually ) and Doing Business As STONEY FALLS ) TILE; VINTAGE OAKS OFFICE PARK ) BUILDING 14 & 15 ASSOCIATION, a ) California Nonprofit Mutual Benefit ) Corporation; HABITAT MANAGEMENT ) AND DEVELOPMENT, INC.; PICO ) RANCH, INC.; HABITAT ) CONSTRUCTION, INC.; DOES 1 ) THROUGH 10, ) ) Defendants. ) ) AND ALL RELATED COUNTER-ACTIONS. ) ) CASE NO. 2:12-CV-02311-GEB-DAD STIPULATION TO CONTINUE THE STATUS (PRETRIAL SCHEDULING) CONFERENCE 23 24 Plaintiff/Counter-Defendant, LINCOLN GENERAL INSURANCE COMPANY, 25 Defendant/Counter-Claimant, HABITAT CONSTRUCTION, INC., and Defendant, 26 VINTAGE OAKS OFFICE PARK BUILDING 14 & 15 ASSOCIATION, (collectively 27 “Parties”) hereby stipulate and agree that the Status (Pretrial Scheduling) Conference 28 /// 29 30 31 -1Stipulation to Continue the Status (Pretrial Scheduling) Conference 1 currently set for March 25, 2013 be continued to May 9, 2013, or to day set by the Court, 2 for good cause as follows: 3 1. 25, 2013 at 9:00 a.m.; 4 5 A Status (Pretrial Scheduling) Conference is currently scheduled for March 2. The Parties have negotiated settlement which is contingent upon the parties’ 6 compliance with the settlement terms in the underlying construction defect 7 action entitled Vintage Oaks Office Park Building 14 & 15 v. Habitat, bearing 8 Placer County Superior Court case number S-CV-0024958 (hereafter 9 “Underlying Action”); 10 3. In order to allow parties time to comply with the settlement terms in the 11 Underlying Action, the Parties stipulate to continue the Status (Pretrial 12 Scheduling) Conference by 45-days to a date set by the Court; and 13 14 15 4. This is the second extension of time for the scheduling of the Status (Pretrial Scheduling) Conference sought by the Parties. Dated: March 14, 2013 16 /s/ Norman A. Ryan _ NORMAN A. RYAN Attorney for Plaintiff/Counter-Defendant, LINCOLN GENERAL INSURANCE COMPANY 17 18 19 RYAN MERCALDO LLP Dated: March 14, 2013 20 FENTON GRANT MAYFIELD KANEDA & LITT LLP /s/ Joseph Kaneda _ JOSEPH KANEDA Attorney for Defendant, VINTAGE OAKS OFFICE PARK BUILDING 14 & 15 ASSOCIATION 21 22 23 24 Dated: March 14, 2013 25 26 27 28 29 30 31 TRENK DIPASQUALE DELLA FERRA & SODONO, P.C. /s/ Marc Derewetzky Marc J. Derewetzky Attorney for Defendant/Counter-Claimant, HABITAT CONSTRUCTION, INC. -2- Stipulation to Continue the Status (Pretrial Scheduling) Conference _ ORDER 1 Pursuant to the Parties’ stipulation, the Status (Pretrial Scheduling) Conference, 2 3 currently set for March 25, 2013, is continued to June 10, 2013, at 9:00 a.m. A joint status 4 report shall be filed fourteen days prior to the hearing. 5 IT IS SO ORDERED. 6 Date: 3/15/2013 7 ___________________________________ GARLAND E. BURRELL, JR. Senior United States District Judge 8 9 10 DEAC _Signature- END: 11 12 13 14 15 61khh4bb 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 -3Stipulation to Continue the Status (Pretrial Scheduling) Conference

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