Levin Enterprises Inc. v. Maryland Casualty Company et al

Filing 17

ORDER signed by Magistrate Judge Allison Claire on 12/11/14. The court approves the parties' request for continuance but declines to reset the settlement conference on any of the proposed dates due to the unavailability of Judge Delaney. Instead the Settlement Conference is reset for 4/28/2015 at 09:30 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. (Manzer, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION

10 LEVIN ENTERPRISES, INC.,

CASE NO. 2:14-CV-01479-MCE-AC

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STIPULATION AND ORDER TO
RESCHEDULE SETTLEMENT
CONFERENCE

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Plaintiff,
v.

13 MARYLAND CASUALTY COMPANY as
successor in interest to Maine Bonding &
14 Casualty Company; MAINE BONDING &
CASUALTY COMPANY; and GRANITE
15 STATE INSURANCE COMPANY,
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Judge: Hon. Allison Claire
Complaint filed: June 20, 2014

Defendants.

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This Stipulation is entered into by and between Plaintiff, LEVIN ENTERPRISES, INC.

19 ("LEVIN") and Defendants ZURICH AMERICAN INSURANCE COMPANY (“Zurich
20 American”) as successor in interest to MAINE BONDING & CASUALTY COMPANY, which
21 Zurich American contends was erroneously sued as “MARYLAND CASUALTY COMPANY as
22 successor in interest to Maine Bonding & Casualty Company; MAINE BONDING &
23 CASUALTY COMPANY”; and GRANITE STATE INSURANCE COMPANY ("GRANITE").
24 RECITAL
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1.

On November 18, 2014, the Court issued a Scheduling Order requiring the parties

26 to serve all Phase I initial disclosures upon one another by November 21, 2014. The Scheduling
27 Order also ordered a Settlement Conference to take place before Judge Carolyn K. Delaney on
28 December 16, 2014 at 9:30 a.m. with confidential settlement conference statements due to the
10713416.1

STIPULATION AND ORDER TO RESCHEDULE SETTLEMENT CONFERENCE

1 Court at least seven days prior to the Settlement Conference.
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2.

On November 19, 2014, the Court granted the parties' stipulation and proposed

3 order to extend the deadline to serve Phase I initial disclosures upon one another until December
4 12, 2014.
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3.

Because the parties may not receive one another's initial disclosures before

6 December 12, 2014, they will not have enough time to review the initial disclosures and
7 documents, prepare confidential settlement conference statements, and engage in meaningful
8 settlement discussions at the currently scheduled December 16, 2014 Settlement Conference.
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4.

In addition, the parties are engaged in good faith efforts to schedule a mediation

10 between January and March 2015 (depending on the parties' and mediator's availability), and are
11 in the process of agreeing upon a mediator.
12 IT IS HEREBY STIPULATED AND AGREED:
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5.

Pursuant to Local Rules 143 and 144(a), the Settlement Conference currently

14 scheduled for December 16, 2014 will be rescheduled for a date in April, 2015. The parties are
15 available on the following dates in April, 2015: 15, 16, 17, 20, 21, 22, and 23.
16 DATED: December 8, 2014

HANSON BRIDGETT LLP

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By:

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/s/ Hani Ganji
LINDA E. KLAMM
MILES C. HOLDEN
HANI GANJI
Attorneys for
LEVIN ENTERPRISES, INC

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SELMAN BREITMAN LLP

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By:

/s/ Mark E. Inbody
LINDA WENDELL HSU
MARK E. INBODY
Attorneys for
ZURICH AMERICAN INSURANCE
COMPANY

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10713416.1

-2STIPULATION AND ORDER TO RESCHEDULE SETTLEMENT CONFERENCE

1 DATED: December 8, 2014

LYNBERG & WATKINS

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By:
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/s/ Jerome P. Doctors
R. JEFF CARLISLE
JEROME P. DOCTORS
RYAN C. BYKERK
Attorneys for
GRANITE STATE INSURANCE COMPANY

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ORDER
The court hereby approves the parties’ foregoing stipulation in part and denies in part.

9 Although the court approves the parties’ request for a continuance, it declines to set their
10 settlement conference on any of their proposed dates because Judge Delaney will not be available.
11 Instead, the parties’ settlement conference will be held on April 28, 2015, at 9:30 a.m. before
12 Judge Carolyn K. Delaney. In the future the parties should contact Judge Delaney’s Courtroom
13 Deputy, Kyle Owen, at 916-930-4004 to obtain her available dates before filing any stipulation to
14 continue their settlement conference.
15 IT IS SO ORDERED.
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17 Date: December 11, 2014
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10713416.1

-3STIPULATION AND ORDER TO RESCHEDULE SETTLEMENT CONFERENCE