Cross Check Services, LLC v. Old Republic Insurance Company

Filing 20

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr. on 02/15/18 ORDERING that by 02/28/18, the parties will file their joint exhibit list and joint statement of undisputed facts; by 03/15/18, each party will file and serve by email its opening brief and by 03/30/18 each party will file and serve by email its responding brief. (Benson, A.)

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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]
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:
[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,

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Plaintiff,

Case No.: 2:15-cv-02113-MCE-EFB
AMENDED 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 previously

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submitted a Joint Notice of Trial Readiness and Stipulation and [Proposed] Order for Proceeding to

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Trial, so that this insurance coverage dispute could be submitted for a bench trial on stipulated facts

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and agreed-upon exhibits. The Court signed the Order for Proceeding to Trial, which is attached

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hereto as Exhibit A.

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Pursuant to the parties’ agreed-upon procedure, if any “disputed” facts remained after the

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meet and confer process, the parties agreed to take depositions regarding any remaining “disputed”

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facts. The parties resolved most of their disputes regarding the stipulated facts, but had to take the

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deposition of one witness. Due to holiday schedules and the schedule of the witness, the parties only

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recently completed that deposition. The parties should now be able to complete their task of

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finalizing the stipulated facts and submitting their briefs to the Court, but respectfully request a brief

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continuance to do so, given the time required to depose the necessary witness. The parties therefore

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STIPULATE to the following:

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1.

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On or before February 28, 2018, the parties will file their joint exhibit list and joint
statement of undisputed facts.

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2.

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On or before March 15, 2018, and each party will file and serve by email its opening
brief.

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3.

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On or before March 30, 2018, each party will file and serve by email its responding
brief.

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4.

On or before March 30, 2018, each party shall file a separate “Request for Closing

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Argument” or, alternatively, a statement indicating its position that closing argument

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is not necessary.

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5.

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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.

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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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It is so STIPULATED.
Dated: February ___, 2018

PORTER SIMON

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

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Dated: February ___, 2018

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: February ___, 2018

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

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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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statement of undisputed facts.

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2.

On or before March 15, 2018, and each party will file and serve by email its opening
brief.

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On or before February 28, 2018, the parties will file their joint exhibit list and joint

3.

On or before March 30, 2018, each party will file and serve by email its responding
brief.

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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.

On or before March 30, 2018, each party shall file a separate “Request for Closing

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Argument” or, alternatively, a statement indicating its position that closing argument

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is not necessary.

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5.

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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: February 15, 2018

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LEGAL\29560119\1

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CASE NO.: 2:15-CV-02113-MCE-EFB
JOINT NOTICE OF TRIAL READINESS