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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NORMAN A. RYAN, ESQ. (Bar No. 116175)
RYAN MERCALDO LLP
3636 Nobel Drive, Suite 200
San Diego, California 92122
[phone]; Facsimile [phone]
[e-mail]

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MARK A. HOOPER, ESQ. (Bar No. 173979)
RUBERRY, STALMACK & GARVEY, LLC
500 West Madison Street, Suite 2300
Chicago, IL 60661
[phone]; Facsimile [phone]
[e-mail]
Attorneys for Plaintiff/Counter-Defendant,
LINCOLN GENERAL INSURANCE COMPANY

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA – SACRAMENTO DIVISION

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LINCOLN GENERAL INSURANCE
COMPANY,

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Plaintiff,
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v.
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MARK RAYMOND KENNEDY, individually )
and Doing Business As STONEY FALLS
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TILE; VINTAGE OAKS OFFICE PARK
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BUILDING 14 & 15 ASSOCIATION, a
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California Nonprofit Mutual Benefit
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Corporation; HABITAT MANAGEMENT
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AND DEVELOPMENT, INC.; PICO
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RANCH, INC.; HABITAT
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CONSTRUCTION, INC.; DOES 1
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THROUGH 10,
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Defendants.
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AND ALL RELATED COUNTER-ACTIONS. )
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CASE NO. 2:12-CV-02311-GEB-DAD
STIPULATION TO CONTINUE THE
STATUS (PRETRIAL SCHEDULING)
CONFERENCE

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Plaintiff/Counter-Defendant, LINCOLN GENERAL INSURANCE COMPANY,

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Defendant/Counter-Claimant, HABITAT CONSTRUCTION, INC., and Defendant,

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VINTAGE OAKS OFFICE PARK BUILDING 14 & 15 ASSOCIATION, (collectively

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“Parties”) hereby stipulate and agree that the Status (Pretrial Scheduling) Conference

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///

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-1Stipulation to Continue the Status (Pretrial Scheduling) Conference

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currently set for March 25, 2013 be continued to May 9, 2013, or to day set by the Court,

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for good cause as follows:

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1.

25, 2013 at 9:00 a.m.;

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A Status (Pretrial Scheduling) Conference is currently scheduled for March

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The Parties have negotiated settlement which is contingent upon the parties’

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compliance with the settlement terms in the underlying construction defect

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action entitled Vintage Oaks Office Park Building 14 & 15 v. Habitat, bearing

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Placer County Superior Court case number S-CV-0024958 (hereafter

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“Underlying Action”);

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3.

In order to allow parties time to comply with the settlement terms in the

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Underlying Action, the Parties stipulate to continue the Status (Pretrial

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Scheduling) Conference by 45-days to a date set by the Court; and

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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

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/s/ Norman A. Ryan
_
NORMAN A. RYAN
Attorney for Plaintiff/Counter-Defendant,
LINCOLN GENERAL INSURANCE COMPANY

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RYAN MERCALDO LLP

Dated: March 14, 2013

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FENTON GRANT MAYFIELD KANEDA & LITT
LLP
/s/ Joseph Kaneda
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JOSEPH KANEDA
Attorney for Defendant,
VINTAGE OAKS OFFICE PARK BUILDING 14
& 15 ASSOCIATION

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Dated: March 14, 2013
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TRENK DIPASQUALE DELLA FERRA &
SODONO, P.C.
/s/ Marc Derewetzky
Marc J. Derewetzky
Attorney for Defendant/Counter-Claimant,
HABITAT CONSTRUCTION, INC.
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Stipulation to Continue the Status (Pretrial Scheduling) Conference

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ORDER

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Pursuant to the Parties’ stipulation, the Status (Pretrial Scheduling) Conference,

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currently set for March 25, 2013, is continued to June 10, 2013, at 9:00 a.m. A joint status

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report shall be filed fourteen days prior to the hearing.

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IT IS SO ORDERED.

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Date: 3/15/2013

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___________________________________

GARLAND E. BURRELL, JR.
Senior United States District Judge

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DEAC _Signature- END:

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-3Stipulation to Continue the Status (Pretrial Scheduling) Conference