Public Service Mutual Insurance Co. v. Liberty Surplus Insurance Corporation

Filing 19

STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr. on 7/17/2015 ORDERING that the Settlement Conference set for 7/30/2015 is VACATED and RESET for 11/19/2015 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan. (Zignago, K.)

1 McCormick, Barstow, Sheppard,
Wayte & Carruth LLP
2 Patrick Fredette, #207284
[e-mail]
3
Timothy R. Sullivan, #128467
[e-mail]
4
7647 North Fresno Street
5 Fresno, California 93720
Telephone:
[phone]
6 Facsimile:
[phone]
7

Attorneys for Defendant LIBERTY SURPLUS
8 INSURANCE CORPORATION
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION

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13 PUBLIC SERVICE MUTUAL INSURANCE
CO.,
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Plaintiff,

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Case No. 2:14-CV-00226-MCE-KJN
STIPULATION AND ORDER TO
CONTINUE MANDATORY
SETTLEMENT CONFERENCE

v.

17 LIBERTY SURPLUS INSURANCE
CORPORATION, et al.,
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Defendant.

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By way of a signed stipulation submitted July 10, 2015 (ECF No. 18), the parties stipulated to

21 the following:
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Plaintiff Public Service Mutual Insurance Company (“Public Service”) and Defendant Liberty

23 Surplus Insurance Corporation (“Liberty Surplus”) previously participated in mediation efforts in
24 relation to the underlying liability action (Balfour v. Fair Oaks Fountains, LLC, et al., Sacramento
25 County Superior Court Case No. 34-2010-00082562). Those mediation efforts did not resolve the
26 dispute between Public Service and Liberty Surplus. Based on the parties’ continued discussions, they
27 believe that the mandatory settlement conference scheduled for July 30, 2015, should be postponed to
28 a date in October that will accommodate the Court’s schedule. Because of the dispute between the
MCCORMICK, BARSTOW ,
SHEPPARD, WAYTE &
CARRUTH LLP
7647 NORTH FRESNO STREET
FRESNO, CA 93720

STIPULATION AND ORDER TO CONTINUE MANDATORY SETTLEMENT CONFERENCE

1 parties, and past mediation efforts, the parties believe that a settlement conference will be more
2 productive after the parties file respective motions for summary judgment, which one or both parties
3 are in the process of preparing and conferring regarding dates. The parties believe that a settlement
4 conference will be an unproductive use of the Court’s time, as well as the parties’ time, prior to the
5 filing of the motions for summary judgment.
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In light of the foregoing, the parties stipulate to request the Court continue the Mandatory

7 Settlement Conference currently set for July 30, 2015 at 10:00 a.m., to a date and time to be selected
8 by the Court in October 2015.
9
ORDER

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Pursuant to the parties’ signed stipulation (ECF No. 18), it is hereby ORDERED that the

12 Mandatory Settlement Conference scheduled for July 30, 2015 is VACATED. Although the parties
13 requested that the settlement conference before the Honorable Edmund F. Brennan be held in October
14 2015, Judge Brennan is not available for a settlement conference in that month; the earliest he is
15 available thereafter is November 19, 2015. Accordingly, the Mandatory Settlement Conference shall
16 be held on November 19, 2015, at 10:00 a.m. in Courtroom 8 before the Honorable Edmund F.
17 Brennan.
18 Dated: July 17, 2015
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MCCORMICK, BARSTOW ,
SHEPPARD, WAYTE &
CARRUTH LLP
7647 NORTH FRESNO STREET
FRESNO, CA 93720

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STIPULATION TO CONTINUE MANDATORY SETTLEMENT CONFERENCE