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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION 10 LEVIN ENTERPRISES, INC., CASE NO. 2:14-CV-01479-MCE-AC 11 STIPULATION AND ORDER TO RESCHEDULE SETTLEMENT CONFERENCE 12 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, 16 Judge: Hon. Allison Claire Complaint filed: June 20, 2014 Defendants. 17 18 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 25 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. 2 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. 5 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. 9 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: 13 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 17 By: 20 /s/ Hani Ganji LINDA E. KLAMM MILES C. HOLDEN HANI GANJI Attorneys for LEVIN ENTERPRISES, INC 21 DATED: December 8, 2014 SELMAN BREITMAN LLP 18 19 22 23 24 25 By: /s/ Mark E. Inbody LINDA WENDELL HSU MARK E. INBODY Attorneys for ZURICH AMERICAN INSURANCE COMPANY 26 27 28 10713416.1 -2STIPULATION AND ORDER TO RESCHEDULE SETTLEMENT CONFERENCE 1 DATED: December 8, 2014 LYNBERG & WATKINS 2 By: 3 4 5 /s/ Jerome P. Doctors R. JEFF CARLISLE JEROME P. DOCTORS RYAN C. BYKERK Attorneys for GRANITE STATE INSURANCE COMPANY 6 7 8 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. 16 17 Date: December 11, 2014 18 19 20 21 22 23 24 25 26 27 28 10713416.1 -3STIPULATION AND ORDER TO RESCHEDULE SETTLEMENT CONFERENCE

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