Cross Check Services, LLC v. Old Republic Insurance Company

Filing 18

STIPULATION and ORDER re Trial Readiness signed by District Judge Morrison C. England, Jr on 9/29/17. (Kaminski, H)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 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: mmelendez@cozen.com Attorney 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: basile@portersimon.com 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: dalliston@murphycampbell.com Attorneys for Plaintiff CROSS CHECK SERVICES, LLC 17 18 UNITED STATES DISTRICT COURT 19 EASTERN DISTRICT OF CALIFORNIA 20 CROSS CHECK SERVICES, LLC, 21 22 23 24 Plaintiff, Case No.: 2:15-cv-02113-MCE-EFB JOINT NOTICE OF TRIAL READINESS, AND STIPULATION AND ORDER FOR PROCEEDING TO TRIAL v. OLD REPUBLIC INSURANCE COMPANY, a Pennsylvania Corporation, Defendant. 25 26 27 28 LEGAL\29560119\1 CASE NO.: 2:15-CV-02113-MCE-EFB JOINT NOTICE OF TRIAL READINESS 1 Pursuant to this Court’s March 7, 2016 [Dkt. 9] and October 24, 2016 [Dkt. 13] Orders, 2 plaintiff Cross Check Services LLC and defendant Old Republic Insurance Company submit this 3 Joint Notice of Trial Readiness and Stipulation and [Proposed] Order for Proceeding to Trial. 4 5 6 This is an insurance coverage dispute. The parties seek to try this case as efficiently and cost-effectively as possible. The parties therefore STIPULATE to the following procedure: 1. 7 8 facts and exhibits to Cross Check. 2. 9 10 On or before November 10, 2017, Cross Check will provide its proposed stipulated facts and exhibits to Old Republic. 3. 11 12 On or before October 27, 2017, Old Republic will provide its proposed stipulated On or before November 17, 2017, the parties shall meet and confer regarding any issues relating to the facts and exhibits they exchanged. 4. If any “disputed” facts remain after the meet and confer process, the parties shall be 13 allowed until December 15, 2017 to take depositions regarding any remaining 14 “disputed” facts. 15 5. On or before January 15, 2018, the parties shall prepare a joint statement of stipulated 16 facts for use at trial according to the procedure set forth herein. The parties agree that 17 all such stipulated facts will be admissible evidence. 18 6. On or before January 15, 2018, the parties shall prepare a joint list of exhibits for use 19 at trial according to the procedure set forth herein. The parties agree that all such 20 exhibits will be admissible evidence. 21 7. Each party reserves its right to argue that the Court, in determining any ultimate fact 22 and rendering its decision in the trial of this matter, should not consider any fact or 23 document relied upon by the other party. 24 8. On or before February 15, 2018, the parties will file their joint exhibit list and joint 25 statement of undisputed facts, and each party will file and serve by email its opening 26 brief. 27 9. 28 On or before March 1, 2018, each party will file and serve by email its responding brief. LEGAL\29560119\1 1 CASE NO.: 2:15-CV-02113-MCE-EFB JOINT NOTICE OF TRIAL READINESS 1 10. 2 3 The Court will set a time for closing arguments at the convenience of the Court’s calendar. Dated: September ___, 2017 PORTER SIMON 4 5 By: Louis A. Basile Attorneys for Plaintiff CROSS CHECK SERVICES, INC. 6 7 8 9 Dated: September ___, 2017 MURPHY CAMPBELL ALLISTON & QUINN 10 By: 11 Douglas R. Alliston Attorneys for Plaintiff CROSS CHECK SERVICES, INC. 12 13 14 Dated: September ____, 2017 COZEN O'CONNOR 15 By: 16 Michael W. Melendez Attorneys for Defendant OLD REPUBLIC INSURANCE COMPANY 17 18 19 20 21 22 23 ORDER It is hereby ORDERED that the trial of the above-captioned matter will be submitted to the Court pursuant to the following procedure: 1. facts and exhibits to Cross Check. 24 25 2. On or before November 10, 2017, Cross Check will provide its proposed stipulated facts and exhibits to Old Republic. 26 27 On or before October 27, 2017, Old Republic will provide its proposed stipulated 3. On or before November 17, 2017, the parties shall meet and confer regarding any issues relating to the facts and exhibits they exchanged. 28 LEGAL\29560119\1 2 CASE NO.: 2:15-CV-02113-MCE-EFB JOINT NOTICE OF TRIAL READINESS 1 4. If any “disputed” facts remain after the meet and confer process, the parties shall be 2 allowed until December 15, 2017 to take depositions regarding any remaining 3 “disputed” facts. 4 5. On or before January 15, 2018, the parties shall prepare a joint statement of stipulated 5 facts for use at trial according to the procedure set forth herein. The parties agree that 6 all such stipulated facts will be admissible evidence. 7 6. On or before January 15, 2018, the parties shall prepare a joint list of exhibits for use 8 at trial according to the procedure set forth herein. The parties agree that all such 9 exhibits will be admissible evidence. 10 7. Each party reserves its right to argue that the Court, in determining any ultimate fact 11 and rendering its decision in the trial of this matter, should not consider any fact or 12 document relied upon by the other party. 13 8. On or before February 15, 2018, the parties will file their joint exhibit list and joint 14 statement of undisputed facts, and each party will file and serve by email its opening 15 brief. 16 9. 17 18 On or before March 1, 2018, each party will file and serve by email its responding brief. 10. On or before March 1, 2018, each party shall file a separate “Request for 19 Closing Argument” or, alternatively, a statement indicating its position that oral 20 argument is not necessary. 21 11. 22 23 24 The Court will take the matter under submission, and will set a date for closing arguments if the court determines that oral arguments are necessary. It is so ORDERED. Dated: September 29, 2017 25 26 27 28 LEGAL\29560119\1 3 CASE NO.: 2:15-CV-02113-MCE-EFB JOINT NOTICE OF TRIAL READINESS

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