Baja Insurance Services, Inc. v. Shanze Enterprises, Inc.

Filing 72

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 6/13/16 ORDERING that All litigation activities in the Related Actions shall be suspended for a period of 60 days, which shall expire on 8/15/16 (the Hold Period), with the except ion of the activities identified in Paragraph 2 below; The parties agree to modify the dates set forth in the 6/16/15 Status (Pretrial Scheduling) Order as follows: Disclosure of Expert Witnesses and Reports due by 12/16/2016. Disclosure of Suppleme ntal Expert Witnesses and Reports due by 1/30/17. Expert and Fact Discovery due by 2/15/2017. Dispositive Motion Hearing Cutoff 3/24/2017. Joint Pre-Trial Conference Statement: 5/17/2017. Final Pretrial Conference is SET for 6/8/2017 at 3:30 PM. Deadline for Trial Briefs: 7/10/2017. Trial is SET for 7/24/2017 at 09:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller.(Mena-Sanchez, L)

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Sanford L. Michelman (SBN 179702)
[e-mail]
MICHELMAN & ROBINSON, LLP
10880 Wilshire Blvd., 19th Floor
Los Angeles, CA 90024
Telephone: [phone]
Facsimile:
[phone]
Mona Z. Hanna (SBN 131439)
[e-mail]
MICHELMAN & ROBINSON, LLP
17901 Von Karman Avenue, 10th Floor
Irvine, CA 92614
Telephone: [phone]
Facsimile:
[phone]
David C. Lee (SBN 193743)
[e-mail]
Ilse C. Scott (SBN 233433)
[e-mail]
MICHELMAN & ROBINSON, LLP
One Post Street, Suite 2500
San Francisco, CA 94104
Telephone: [phone]
Facsimile:
[phone]
Attorneys for Defendants Confie Insurance Group Holdings, Inc.;
Confie Seguros Texas, Inc.; and Confie Seguros, Inc.

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BAJA INSURANCE SERVICES, INC.,

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Plaintiff,
v.
SHANZE ENTERPRISES, INC., n/k/a
PLANO INSURANCE GROUP, INC.;
CONFIE INSURANCE GROUP HOLDINGS,
INC.; CONFIE SEGUROS TEXAS, INC.; and
CONFIE SEGUROS, INC., all d/b/a BAJA
AUTO INSURANCE,

Case No.: 2:14-cv-02423-KJM-AC
STIPULATION TO SUSPEND ALL
ACTIVITIES IN THE RELATED ACTIONS
FOR A 60-DAY PERIOD AND EXTEND
THE CASE SCHEDULE;] ORDER
3rd Amended Complaint Filed: 5/20/16
Judge: Hon. Kimberly J. Mueller

Defendants.

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STIPULATION TO SUSPEND ALL ACTIVITIES IN THE RELATED ACTIONS FOR A 60-DAY PERIOD
AND EXTEND THE CASE SCHEDULE; [PROPOSED] ORDER

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STIPULATION

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Plaintiff Baja Insurance Services, Inc. (“Plaintiff”) and Defendants Confie Insurance Group

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Holdings, Inc., Confie Seguros Texas, Inc., and Confie Seguros, Inc. (“Confie Defendants”) and

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Shanze Enterprises, Inc. n/k/a Plano Insurance Group, Inc. (“Plano Defendant”), through their

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respective counsel of record herein, enter into this Stipulation with reference to the following

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circumstances:

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WHEREAS, on October 15, 2014, Plaintiff filed its original Complaint in the abovecaptioned action in the United States District Court for the Eastern District of California;
WHEREAS, on April 21, 2016, Plaintiff filed its Second Amended Original Complaint &
Application for Injunctive Relief (“SAC”) in the above-captioned action;
WHEREAS, on April 28, 2016, Plano Defendant filed its First Amended Counterclaim
against Plaintiff;

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WHEREAS on May 5, 2016, Plano Defendant filed its answer to the SAC;

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WHEREAS, on May 18, 2016, Plaintiff and the Confie Defendants filed a Stipulation to

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Extend Time to Respond to the Complaint (L.R. 144(a)), which extended Defendants’ deadline to

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respond to the SAC to May 26, 2016;

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WHEREAS, on May 20, 2016, Plaintiff filed its Third Amended Complaint (“TAC”) in the
above-captioned action;

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WHEREAS, on June 3, 2016, Plano Defendant filed its answer to the TAC;

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WHEREAS, on June 6, 2016, Plaintiff and the Confie Defendants filed a Stipulation to

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Extend Time to Respond to the Complaint (L.R. 144(a)), which extended the Confie Defendants’

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deadline to respond to the TAC to June 13, 2016;

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WHEREAS, the parties have engaged in meet and confer sessions, and have agreed to a

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temporary 60-day hold on all litigation activities (with one exception, noted below) to enable the

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parties to explore a potential global settlement resolution with respect to this action and the related

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action, Baja Insurance Services, Inc. v. Plano Insurance Group, Inc. f/k/a Shanze Enterprises, Inc.,

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et al., District Court of Travis County, Texas, Case No. D-1-GN-16-001670 (collectively, the

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“Related Actions”);

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STIPULATION TO SUSPEND ALL ACTIVITIES IN THE RELATED ACTIONS FOR A 60-DAY PERIOD
AND EXTEND THE CASE SCHEDULE; [PROPOSED] ORDER

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WHEREAS, in light of the fact that the Confie Defendants were only very recently added as

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new parties to this action, the parties have further stipulated to a modification of the Scheduling

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Order issued in the above-captioned matter, and agreed to jointly request that the Court modify its

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current Scheduling Order;

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WHEREAS, the stipulated 60-day hold in the Related Actions and modification of the

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Scheduling Order will enable the parties to focus their time and resources on a good faith settlement

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effort, and will likewise promote judicial efficiency in the Related Actions;

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WHEREAS, the parties agree that they will report back to the Court after the 60-day hold

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period to report whether the parties have reached a resolution, require additional time to complete a

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resolution, or need to return to active litigation; and

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WHEREAS, the parties further agree that in the event they determine prior to the end of the

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60-day hold period that resolution is not likely at that time, they will meet and confer in good faith

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regarding a schedule for resetting any deadlines that are taken off-calendar by this stipulation;

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NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by the parties
that:
1.

All litigation activities in the Related Actions shall be suspended for a period of 60

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days, which shall expire on August 15, 2016 (the “Hold Period”), with the exception of the

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activities identified in Paragraph 2 below;

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2.

Notwithstanding the Hold Period, Plaintiff may proceed with the previously-

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scheduled deposition of the Rule 30(b)(6) witness of the Plano Defendant, currently set for June 29,

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2016. If, in Confie Defendants’ sole discretion, any testimony elicited at that deposition warrants a

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response, the Confie Defendants may pursue any follow-up activities they deem necessary to

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respond to the testimony, including but not limited to conducting additional discovery;

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3.

During the Hold Period, Plaintiff shall suspend all television and radio advertising in

the State of Texas;
4.

During the Hold Period, Plaintiff shall not open any new Texas business locations,

nor shall it progress any further with the development of any new Texas business locations;
5.

The parties stipulate and agree that their participation in the Hold Period shall not

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STIPULATION TO SUSPEND ALL ACTIVITIES IN THE RELATED ACTIONS FOR A 60-DAY PERIOD
AND EXTEND THE CASE SCHEDULE; [PROPOSED] ORDER

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result in any waiver, estoppel, and/or any other limitation of the parties’ respective legal positions,

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rights, and/or remedies, including but not limited to the Confie Defendants’ right to pursue

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injunctive relief after the expiration of the Hold Period, if necessary (e.g., Plaintiff shall not argue

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that the Hold Period constitutes a “delay” that warrants denial of any request for injunctive relief by

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Confie Defendants);

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progress they have made in resolving the Related Actions;

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that are taken off-calendar by this stipulation;
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The Confie Defendants shall have until August 25, 2016 to file a response to the

Third Amended Complaint; and

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Should the parties determine prior to August 15, 2016 that resolution is not likely at

that time, they will meet and confer in good faith regarding a schedule for resetting any deadlines

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By no later than August 15, 2016, the parties shall report back to the Court on the

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The parties agree to modify the dates set forth in the June 16, 2015 Status (Pretrial

Scheduling) Order as follows:

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EVENT
Disclosure of Expert
Witnesses and Reports

CURRENT DEADLINE
6/15/16

NEW DEADLINE
12/16/16

Disclosure of Supplemental
Expert Witnesses and Reports

7/29/16

1/30/17

Expert and Fact Discovery
Cutoff

8/15/16

2/15/17

Dispositive Motion Hearing
Cutoff

9/23/16

3/24/17

Joint Pre-Trial Conference
Statement

11/17/16

5/17/17

Final Pre-Trial Conference

12/8/16, at 3:30 p.m.

6/8/17, at 3:30 p.m.

1/9/17

7/10/17

1/23/17, at 9:00 a.m.

7/24/17, at 9:00 a.m.

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Deadline for Trial Briefs

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Trial

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STIPULATION TO SUSPEND ALL ACTIVITIES IN THE RELATED ACTIONS FOR A 60-DAY PERIOD
AND EXTEND THE CASE SCHEDULE; [PROPOSED] ORDER

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IT IS SO STIPULATED.

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Dated: June 10, 2016

By

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MICHELMAN & ROBINSON LLP

Dated: June 10, 2016

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/s/ David C. Lee
Sanford L. Michelman
Mona Z. Hanna
David C. Lee
Ilse C. Scott
Attorneys for Defendants Confie Insurance
Group Holdings, Inc.; Confie Seguros Texas,
Inc.; and Confie Seguros, Inc.

WILSON ELSER MOSKOWITZ EDELMAN &
DICKER LLP
By /s/ Valeri C. Williams (as authorized on 6/9/16)
Valeri C. Williams, pro hac vice
Attorneys for Defendant Shanze Enterprises, Inc.
n/k/a Plano Insurance Group, Inc.

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Dated: June 10, 2016

BLAZIER, CHRISTENSEN, BROWDER
&VIRR, P.C.
By /s/ Justin M. Welch (as authorized on 6/10/16)
Justin M. Welch, pro hac vice
Attorneys for Plaintiff Baja Insurance Services,
Inc.

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STIPULATION TO SUSPEND ALL ACTIVITIES IN THE RELATED ACTIONS FOR A 60-DAY PERIOD
AND EXTEND THE CASE SCHEDULE; [PROPOSED] ORDER

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ORDER

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CURRENT DEADLINE
6/15/16

NEW DEADLINE
12/16/16

Disclosure of Supplemental
Expert Witnesses and Reports

7/29/16

1/30/17

Expert and Fact Discovery
Cutoff

8/15/16

2/15/17

Dispositive Motion Hearing
Cutoff

9/23/16

3/24/17

Joint Pre-Trial Conference
Statement

11/17/16

5/17/17

Final Pre-Trial Conference

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EVENT
Disclosure of Expert
Witnesses and Reports

12/8/16, at 3:30 p.m.

6/16/17, at 10:00 a.m.

1/9/17

7/10/17

1/23/17, at 9:00 a.m.

7/24/17, at 9:00 a.m.

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Deadline for Trial Briefs

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Trial

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IT IS SO ORDERED.

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Dated: June 13, 2016
Hon. Kimberly J. Mueller
UNITED STATES DISTRICT JUDGE
United States District Court Judge

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STIPULATION TO SUSPEND ALL ACTIVITIES IN THE RELATED ACTIONS FOR A 60-DAY PERIOD
AND EXTEND THE CASE SCHEDULE; [PROPOSED] ORDER