Cross Check Services, LLC v. Old Republic Insurance Company

Filing 13

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr on 10/21/16 ORDERING that the parties will engage in alternative dispute resolution proceedings on or before 2/15/17. The parties are directed to file a Joint Status Report up dating the Court as to the status and/or outcome of those proceedings on or before 3/1/17. That the Discovery completion date, with the exception of expert discovery, be continued from 11/14/16 to 4/21/2017. That the expert disclosure date be co ntinued from 1/13/17 to 3/31/2017. That the hearing date on Nationwide's MOTION for partial Summary Judgment [Dkt. 11 ] be CONTINUED from 12/1/16 to 5/18/17, and that the filing deadlines set forth in the Pretrial Scheduling Order [Dkt. 9 ] be calculated from the new hearing date. That the last date to hear dispositive Motions be CONTINUED from 5/18/17 to 7/27/2017.(Mena-Sanchez, L)

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Michael W. Melendez (SBN 125895)
COZEN O'CONNOR
101 Montgomery Street, Suite 1400
San Francisco, CA 94104
Tel:
415.644.0914
Fax:
415.644.0978
Email:
[e-mail]
Attorneys for Defendant
OLD REPUBLIC INSURANCE COMPANY
Louis A. Basile (SBN 047432)
PORTER SIMON, PROFESSIONAL
CORPORATION
P.O. Box 5339
210 Grove Street
Tahoe City, CA 96145
Tel:
530-583-7268
Fax:
530-583-7209
Email:
[e-mail]
Douglas R. Alliston (SBN 137767)
MURPHY CAMPBELL ALLISTON & QUINN
8801 Folsom Boulevard, Suite 230
Sacramento, CA 95826
Tel:
916-400-2300
Fax:
916-400-2311
Email:
[e-mail]
Attorneys for Plaintiff
CROSS CHECK SERVICES, LLC

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CROSS CHECK SERVICES, LLC,
Plaintiff,
v.
OLD REPUBLIC INSURANCE COMPANY, a
Pennsylvania Corporation,
Defendant.

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Case No.: 2:15-cv-02113-MCE-EFB
STIPULATION AND ORDER TO
MODIFY PRETRIAL SCHEDULING
ORDER AND CONTINUE HEARING ON
DISPOSITIVE MOTION
Judge: Hon. Morrison C. England, Jr.

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LEGAL\27996602\1

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CASE NO.: 2:15-CV-02113-MCE-EFB
STIPULATION AND ORDER TO MODIFY PRETRIAL SCHEDULING ORDER

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STIPULATION

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WHEREAS, plaintiff Cross Check Services, Inc. and defendant Old Republic Insurance

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Company wish to explore whether they might be able to amicably resolve their differences in the

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above-captioned action through alternative dispute resolution;

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WHEREAS, a trial date has yet to be set in the above-captioned action;

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WHEREAS, the parties desire that all currently-set pretrial deadlines and that the hearing and

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briefing schedule for Old Republic’s pending motion for partial summary judgment be continued to

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allow the parties the opportunity to explore alternative dispute resolution without incurring

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unnecessary fees and costs;

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WHEREAS, no previous modification to the Pretrial Scheduling Order [Dkt. 9] has been
sought by any party;

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WHEREFORE, the parties respectfully request that the Court modify its Pretrial Scheduling

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Order [Dkt. 9] and continue the hearing and briefing schedule for Old Republic’s pending motion for

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summary judgment as follows:

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1.

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That the parties will engage in alternative dispute resolution proceedings on or before
February 15, 2017.

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2.

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That the discovery completion date, with the exception of expert discovery, be
continued from November 14, 2016 to April 21, 2017.

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3.

That the expert disclosure date be continued from January 13, 2017 to March 31, 2017.

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4.

That the hearing date on Old Republic’s motion for partial summary judgment [Dkt.

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11] be continued from December 1, 2016 to May 18, 2017, and that the filing deadlines

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set forth in the Pretrial Scheduling Order [Dkt. 9] be calculated from the new hearing

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date.

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5.

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That the last date to hear dispositive motions be continued from May 18, 2017 to July
27, 2017.

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LEGAL\27996602\1

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CASE NO.: 2:15-CV-02113-MCE-EFB
STIPULATION AND ORDER TO MODIFY PRETRIAL SCHEDULING ORDER

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It is so STIPULATED.
Dated: October ___, 2016

PORTER SIMON

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By:

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Louis A. Basile
Attorneys for Plaintiff
CROSS CHECK SERVICES, INC.

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Dated: October ___, 2016

MURPHY CAMPBELL ALLISTON & QUINN

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By:
Douglas R. Alliston
Attorneys for Plaintiff
CROSS CHECK SERVICES, INC.

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Dated: October ___, 2016

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COZEN O'CONNOR

By:

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Michael W. Melendez
Attorneys for Defendant
OLD REPUBLIC INSURANCE COMPANY

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ORDER

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Based on the parties’ stipulation and good cause having been shown, in order to allow the

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parties to explore alternative dispute resolution, it is hereby ORDERED that the Court’s Pretrial

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Scheduling Order [Dkt. 9] is modified as follows:

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1.

That the parties will engage in alternative dispute resolution proceedings on or before

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February 15, 2017. The parties are directed to file a Joint Status Report updating the

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Court as to the status and/or outcome of those proceedings on or before March 1, 2017.

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2.

continued from November 14, 2016 to April 21, 2017.

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That the discovery completion date, with the exception of expert discovery, be

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That the expert disclosure date be continued from January 13, 2017 to March 31, 2017.

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LEGAL\27996602\1

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CASE NO.: 2:15-CV-02113-MCE-EFB
STIPULATION AND ORDER TO MODIFY PRETRIAL SCHEDULING ORDER

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4.

That the hearing date on Nationwide’s motion for partial summary judgment [Dkt. 11]

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be continued from December 1, 2016 to May 18, 2017, and that the filing deadlines set

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forth in the Pretrial Scheduling Order [Dkt. 9] be calculated from the new hearing date.

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5.

That the last date to hear dispositive motions be continued from May 18, 2017 to July

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27, 2017.

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IT IS SO ORDERED.

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Dated: October 21, 2016

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LEGAL\27996602\1

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CASE NO.: 2:15-CV-02113-MCE-EFB
STIPULATION AND ORDER TO MODIFY PRETRIAL SCHEDULING ORDER