St. Paul Mercury Insurance Company v. Ace American Insurance Company, et al.

Filing 294

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 11/6/14 ORDERING the last day for the Court to hear dispositive motions shall be 3/12/2015. All other dates and deadlines set forth in the Court's Pretrial Scheduling Order #181 remain unchanged. (Kastilahn, A)

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RAMIRO MORALES, Bar No.167947
[e-mail]
DAVID A. ASTENGO, Bar No. 196096
[e-mail]
MORALES FIERRO & REEVES
2300 Contra Costa Blvd., Suite 310
Pleasant Hill, CA 94523
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants, ACE AMERICAN INSURANCE
COMPANY and ILLINOIS UNION INSURANCE COMPANY

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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(SACRAMENTO DIVISION)

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ST. PAUL MERCURY INSURANCE
COMPANY, a Minnesota corporation,
Plaintiff,

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vs.

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ACE AMERICAN INSURANCE
COMPANY, a Pennsylvania corporation, et
al.,

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Defendants.

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CASE NO.: 2:12-CV-02820-TLN-CKD
STIPULATION AND ORDER
EXTENDING DISPOSITIVE MOTION
DEADLINES IN THE PRETRIAL
SCHEDULING ORDER
(FIRST REQUEST)
Trial Date: July 13, 2015
Judge:
Honorable Troy L. Nunley
Court Room: 2

PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE (“F.R.C.P.”) 6(b)(1) and

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LOCAL RULE (“L.R.”) 144(a), IT IS HEREBY STIPULATED AND AGREED by and among

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plaintiff, ST. PAUL MERCURY INSURANCE COMPANY (“ST. PAUL”), and defendants, ACE

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AMERICAN INSURANCE COMPANY (“ACE”), ASSURANCE COMPANY OF AMERICA

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(“ASSURANCE”), CLARENDON AMERICA INSURANCE COMPANY (“CLARENDON”),

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EVEREST NATIONAL INSURANCE COMPANY (“EVEREST”), GOLDEN EAGLE

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INSURANCE COMPANY (“GOLDEN EAGLE”), ILLINOIS UNION INSURANCE COMPANY

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(“ILLINOIS UNION”), MARYLAND CASUALTY COMPANY (“MARYLAND CASUALTY”),

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NAVIGATORS INSURANCE COMPANY (“NAVIGATORS INSURANCE”), NAVIGATORS
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STIPULATION AND ORDER EXTENDING Case No. 2:12-cv-02820-TLN-CKD
DISPOSITIVE MOTION DEADLINES

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SPECIALTY INSURANCE COMPANY (“NAVIGATORS SPECIALTY”), NORTHERN

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INSURANCE COMPANY OF NEW YORK (“NORTHERN INSURANCE”), PRAETORIAN

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INSURANCE COMPANY (“PRAETORIAN”), STEADFAST INSURANCE COMPANY

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(“STEADFAST”), VALIANT INSURANCE COMPANY (“VALIANT”) and ZURICH

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AMERICAN INSURANCE COMPANY (“ZURICH”), collectively hereinafter referred to as the

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“Parties,” through their respective attorneys, that that deadlines set forth in the Court’s Pretrial

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Scheduling Order for filing dispositive motions and the last day for the Court to hear dispositive

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motions be extended by thirty-five (35) days. The Parties are not seeking the extension of any other

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deadlines in the Court’s Pretrial Scheduling Order nor the July 13, 2015 trial date.

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ST. PAUL has very recently reached an informal resolution of its claims as to the following

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defendants: ASSURANCE, EVEREST, MARYLAND CASUALTY, NAVIGATORS

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INSURANCE, NAVIGATORS SPECIALTY, NORTHERN INSURANCE, STEADFAST,

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VALIANT and ZURICH, and anticipates each of these defendants being dismissed from this action

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shortly. Thus, no dispositive motion(s) regarding ST. PAUL’s claim(s) as to any of these particular

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defendants are expected to be filed with the Court.1

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ST. PAUL’s claims against ACE, CLARENDON, GOLDEN EAGLE, ILLINOIS UNION

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and PRAETORIAN continue to be litigated. ACE, CLARENDON, GOLDEN EAGLE, ILLINOIS

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UNION and PRAETORIAN are hereinafter referred to collectively as “DEFENDANTS.”

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ST. PAUL and DEFENDANTS have completed their factual discovery and made their

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necessary expert disclosures(s). The depositions of certain disclosed expert(s) are currently

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scheduled for late-November 2014. ST. PAUL remains in ongoing settlement discussions with

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certain DEFENDANTS. ST. PAUL and DEFENDANTS believe a thirty-five (35) day extension of

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the dispositive motion deadlines will permit certain DEFENDANTS to resolve this action with ST.

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PAUL without having to incur the costs necessary to prepare one or more dispositive motions over

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the next thirty days. ST. PAUL and DEFENDANTS further believe that a thirty-five (35) day

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Counsel for ASSURANCE, EVEREST, MARYLAND CASUALTY, NAVIGATORS INSURANCE, NAVIGATORS
SPECIALTY, NORTHERN INSURANCE, STEADFAST, VALIANT and ZURICH are signatories to this Stipulation
merely due to the fact that their client(s) have not yet been dismissed and, therefore, take no formal position concerning
an extension of the current motion hearing schedule.
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STIPULATION AND ORDER EXTENDING Case No. 2:12-cv-02820-TLN-CKD
DISPOSITIVE MOTION DEADLINES

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extension of the dispositive motion deadlines is warranted so as to permit them the opportunity to

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conclude currently scheduled expert deposition(s), evaluate the testimony given and determine its

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use for purposes of supporting or opposing one or more dispositive motion(s) which are anticipated

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to be filed by ST. PAUL and/or one or more DEFENDANTS.

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Pursuant to the Court’s “Pretrial Scheduling Order” (ECF Document No. 181), the current
motion hearing schedule regarding dispositive motions is as follows:

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• Last day for the Court to hear dispositive motions:

01/29/15;

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• Dispositive motions:

filed at least 8 weeks prior to
hearing (i.e., 12/04/14);

• Opposition and any cross-motion:

filed at least 5 weeks prior to
hearing;

• Reply and opposition to cross-motion:

filed at least 3 weeks prior to
hearing;

• Reply to cross-motion:

filed at least 1 week prior to
hearing

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As addressed, ST. PAUL and DEFENDANTS believe a thirty-five (35) day extension of the

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dispositive motion deadlines will permit ST. PAUL to resolve its claims with certain

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DEFENDANTS and without those parties having to incur the costs necessary to prepare one more

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dispositive motions. It will further permit the conclusion of expert depositions later this month and

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afford ST. PAUL and/or one or more DEFENDANTS the time necessary to evaluate the testimony

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and determine its use for purposes of supporting or opposing dispositive motions. Therefore, the

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Parties hereby stipulate and agree to the following extension of the current motion hearing schedule

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regarding dispositive motions:

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• The last day for the Court to hear dispositive motions shall be March 5, 2015;

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• Dispositive Motion(s):

Filed at least 8 weeks prior to hearing;

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• Opposition and any cross-motion:

Filed at least 5 weeks prior to hearing;

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• Reply and opposition to cross-motion:

Filed at least 3 weeks prior to hearing;

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• Reply to cross-motion:

Filed at least 1 week prior to hearing

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STIPULATION AND ORDER EXTENDING Case No. 2:12-cv-02820-TLN-CKD
DISPOSITIVE MOTION DEADLINES

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IT IS SO STIPULATED AND AGREED.

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DATED:

November 4, 2014

THE AGUILERA LAW GROUP, APLC

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By:

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DATED: November 4, 2014

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MORALES, FIERRO & REEVES
By:

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/s/ Scott LaSalle
SCOTT LaSALLE
Attorneys for Plaintiff, ST. PAUL
MERCURY INSURANCE COMPANY

DATED: November 4, 2014

/s/ David A. Astengo
DAVID A. ASTENGO
Attorneys for Defendants, ACE
AMERICAN INSURANCE COMPANY
and ILLINOIS UNION INSURANCE
COMPANY
DE LA PENA & HOLIDAY

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By:

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DATED: November 4, 2014

/s/ Anderson Franco
ANDERSON FRANCO
Attorneys for Defendants, CLARENDON
AMERICA INSURANCE COMPANY
and PRAETORIAN INSURANCE
COMPANY
KOLETSKY, MANCINI, FELDMAN
& MORROW

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By:

/s/ Stacy R. Goldscher
STACY R. GOLDSCHER
Attorneys for Defendant, GOLDEN
EAGLE INSURANCE COMPANY

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STIPULATION AND ORDER EXTENDING Case No. 2:12-cv-02820-TLN-CKD
DISPOSITIVE MOTION DEADLINES

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DATED: November 4, 2014

SINNOT, PUEBLA, CAMPAGNE &
CURET, APLC

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By:

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/s/ Lindsey Morgan
BLAISE STEPHEN CURET
LINDSEY MORGAN
Attorneys for Defendants, ASSURANCE
COMPANY OF AMERICA; MARYLAND
CASUALTY COMPANY; NORTHERN
INSURANCE COMPANY OF NEW YORK;
STEADFAST INSURANCE COMPANY;
VALIANT INSURANCE COMPANY; and
ZURICH AMERICAN INSURANCE
COMPANY

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DATED: November 4, 2014

SELMAN BREITMAN

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By:

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/s/ Joel Morgan
JOEL MORGAN
Attorneys for Defendants, EVEREST
NATIONAL INSURANCE COMPANY
and EVEREST INDEMNITY INSURANCE
COMPANY

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STIPULATION AND ORDER EXTENDING Case No. 2:12-cv-02820-TLN-CKD
DISPOSITIVE MOTION DEADLINES

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DATED: November 4, 2014

GORDON & REES, LLP

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By:

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/s/ Timothy P. Lindell
TIMOTHY PAUL LINDELL
Attorneys for Defendants, NAVIGATORS
INSURANCE COMPANY and
NAVIGATORS SPECIALTY
INSURANCE COMPANY

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ORDER
Pursuant to the stipulation of plaintiff, ST. PAUL, and defendants, ASSURANCE, ACE,

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CLARENDON, EVEREST, GOLDEN EAGLE, ILLINOIS UNION, MARYLAND CASUALTY,

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NAVIGATORS INSURANCE, NAVIGATORS SPECIALTY, NORTHEN INSURANCE,

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PRAETORIAN, STEADFAST, VALIANT and ZURICH, and good cause existing therefore,

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IT IS HEREBYORDERED as follows:

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• The last day for the Court to hear dispositive motions shall be March 12, 2015;

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• Dispositive Motion(s):

Filed at least 8 weeks prior to hearing;

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• Opposition and any cross-motion:

Filed at least 5 weeks prior to hearing;

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• Reply and opposition to cross-motion:

Filed at least 3 weeks prior to hearing;

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• Reply To cross-motion:

Filed at least 1 week prior to hearing

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All other dates and deadlines set forth in the Court’s Pretrial Scheduling Order (ECF

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Document No. 181) remain unchanged.

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DATED:

November 6, 2014

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Troy L. Nunley
United States District Judge

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STIPULATION AND ORDER EXTENDING Case No. 2:12-cv-02820-TLN-CKD
DISPOSITIVE MOTION DEADLINES