Cross Check Services, LLC v. Old Republic Insurance Company
Filing
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STIPULATION and ORDER re Trial Readiness signed by District Judge Morrison C. England, Jr on 9/29/17. (Kaminski, H)
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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:
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
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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CROSS CHECK SERVICES, LLC,
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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.
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LEGAL\29560119\1
CASE NO.: 2:15-CV-02113-MCE-EFB
JOINT NOTICE OF TRIAL READINESS
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Pursuant to this Court’s March 7, 2016 [Dkt. 9] and October 24, 2016 [Dkt. 13] Orders,
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plaintiff Cross Check Services LLC and defendant Old Republic Insurance Company submit this
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Joint Notice of Trial Readiness and Stipulation and [Proposed] Order for Proceeding to Trial.
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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:
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facts and exhibits to Cross Check.
2.
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On or before November 10, 2017, Cross Check will provide its proposed stipulated
facts and exhibits to Old Republic.
3.
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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.
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If any “disputed” facts remain after the meet and confer process, the parties shall be
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allowed until December 15, 2017 to take depositions regarding any remaining
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“disputed” facts.
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5.
On or before January 15, 2018, the parties shall prepare a joint statement of stipulated
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facts for use at trial according to the procedure set forth herein. The parties agree that
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all such stipulated facts will be admissible evidence.
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6.
On or before January 15, 2018, the parties shall prepare a joint list of exhibits for use
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at trial according to the procedure set forth herein. The parties agree that all such
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exhibits will be admissible evidence.
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7.
Each party reserves its right to argue that the Court, in determining any ultimate fact
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and rendering its decision in the trial of this matter, should not consider any fact or
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document relied upon by the other party.
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8.
On or before February 15, 2018, the parties will file their joint exhibit list and joint
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statement of undisputed facts, and each party will file and serve by email its opening
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brief.
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9.
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On or before March 1, 2018, each party will file and serve by email its responding
brief.
LEGAL\29560119\1
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CASE NO.: 2:15-CV-02113-MCE-EFB
JOINT NOTICE OF TRIAL READINESS
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10.
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The Court will set a time for closing arguments at the convenience of the Court’s
calendar.
Dated: September ___, 2017
PORTER SIMON
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By:
Louis A. Basile
Attorneys for Plaintiff
CROSS CHECK SERVICES, INC.
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Dated: September ___, 2017
MURPHY CAMPBELL ALLISTON & QUINN
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By:
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Douglas R. Alliston
Attorneys for Plaintiff
CROSS CHECK SERVICES, INC.
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Dated: September ____, 2017
COZEN O'CONNOR
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By:
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Michael W. Melendez
Attorneys for Defendant
OLD REPUBLIC INSURANCE COMPANY
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ORDER
It is hereby ORDERED that the trial of the above-captioned matter will be submitted to the
Court pursuant to the following procedure:
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facts and exhibits to Cross Check.
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2.
On or before November 10, 2017, Cross Check will provide its proposed stipulated
facts and exhibits to Old Republic.
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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.
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LEGAL\29560119\1
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CASE NO.: 2:15-CV-02113-MCE-EFB
JOINT NOTICE OF TRIAL READINESS
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4.
If any “disputed” facts remain after the meet and confer process, the parties shall be
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allowed until December 15, 2017 to take depositions regarding any remaining
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“disputed” facts.
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5.
On or before January 15, 2018, the parties shall prepare a joint statement of stipulated
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facts for use at trial according to the procedure set forth herein. The parties agree that
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all such stipulated facts will be admissible evidence.
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6.
On or before January 15, 2018, the parties shall prepare a joint list of exhibits for use
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at trial according to the procedure set forth herein. The parties agree that all such
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exhibits will be admissible evidence.
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7.
Each party reserves its right to argue that the Court, in determining any ultimate fact
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and rendering its decision in the trial of this matter, should not consider any fact or
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document relied upon by the other party.
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8.
On or before February 15, 2018, the parties will file their joint exhibit list and joint
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statement of undisputed facts, and each party will file and serve by email its opening
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brief.
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9.
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On or before March 1, 2018, each party will file and serve by email its responding
brief.
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On or before March 1, 2018, each party shall file a separate “Request for
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Closing Argument” or, alternatively, a statement indicating its position that oral
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argument is not necessary.
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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
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LEGAL\29560119\1
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CASE NO.: 2:15-CV-02113-MCE-EFB
JOINT NOTICE OF TRIAL READINESS
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