Adams Group, Inc. et al. v. Northern Insurance Company of New York et al.

Filing 13

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 12/27/16: The deadline for Northern and National Union to file and serve their respective responses to the complaint is extended to February 28, 2017. CASE STAYED. (Kaminski, H)

1 ANDREW D. HEROLD, ESQ., Bar No. 178640
[e-mail]
2 NICHOLAS B. SALERNO, ESQ., Bar No. 167840
[e-mail]
3
HEROLD & SAGER
4 550 Second Street, Suite 200
Encinitas, CA 92024
5 Telephone: [phone]
Facsimile: 760-487-1064
6
7 Attorney for Defendant NATIONAL UNION FIRE INSURANCE
COMPANY OF PITTSBURGH, PA.
8
9

UNITED STATES DISTRICT COURT

10

EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION

11 ADAMS GROUP, INC. and ADAMS GRAIN
CO.,
12
Plaintiffs,

13
14

vs.

CASE NO. 2:16-CV-01404-TLN-AC
STIPULATION AND ORDER TO STAY
DUE TO SETTLEMENT OF
UNDERLYING ACTION

15 NORTHERN INSURANCE COMPANY OF
NEW YORK and NATIONAL UNION FIRE
16 INSURANCE COMPANY OF PITTSBURGH,
PA.,
17
Defendants.
18
19

WHEREAS, on or about March 14, 2014, Hector Sanchez, filed a personal injury complaint

20 in the Superior Court of California, County of Yolo, against ADAMS GROUP, INC. and ADAMS
21 GRAIN CO. (collectively “Adams”) captioned Hector Sanchez v. Adams Grain Co. and Adams
22 Group, Inc., et. al, Case No. PO14-446, alleging causes of action for Negligence, Negligence Per
23 Se, Negligent Supervision, Negligent Retention, Premises Liability, Negligent Exercise of Retained
24 Control, Products Liability-Strict Liability, Products Liability-Negligence and Intentional Infliction
25 of Emotional Distress (hereinafter “Underlying Action”);
26

WHEREAS, Adams, Northern and National Union previously agreed and stipulated to stay

27 this matter to allow the Underlying Action to develop such that the deadline for Northern and
28 National Union to file and serve their respective responses to the complaint in this action was
1
STIPULATION AND ORDER TO STAY ACTION

2:16-CV-01404-TLN-AC

1 extended to October 11, 2016 (Docs. 8 and 9);
WHEREAS, Adams, Northern and National Union subsequently agreed and stipulated to

2

3 stay this matter further to continue to allow the Underlying Action to be finalized and for settlement
4 discussions between Adams, Northern and National Union to take place such that the deadline for
5 Northern and National Union to file and serve their respective responses to the complaint in this
6 action was again extended to December 30, 2016 (Docs. 10 and 11);
WHEREAS, the parties in the Underlying Action are still in the process of finalizing their

7

8 settlement;
WHEREAS, the finalization of the settlement in the Underlying Action may lead to a

9

10 resolution of the issues in this matter and a dismissal of this action;
THEREFORE, Adams, Northern and National Union hereby agree and stipulate to continue

11

12 the stay of this matter for an additional 60 days to allow the settlement in the Underlying Action to
13 be finalized and for settlement discussions between Adams, Northern and National Union to take
14 place such that the deadline for Northern and National Union to file and serve their respective
15 responses to the complaint in this action is extended to February 28, 2017.
16
17 DATED: December 23, 2016

HANSON BRIDGETT LLP

18
By:

19
20
21

_/s/Miles C. Holden (as authorized on December 23, 2016)
MILES C. HOLDEN, ESQ.
[e-mail]
Attorneys for Plaintiffs ADAMS GROUP, INC. and
ADAMS GRAIN CO.

22
23 / / /
24 / / /
25 / / /
26 / / /
27 / / /
28 / / /
2
STIPULATION AND ORDER TO STAY ACTION

2:16-CV-01404-TLN-AC

1 DATED: December 22, 2016

HAIGHT BROWN & BONESTEEL LLP

2
By:

3
4
5
6
7
8

_/s/ Laurie Lo (as authorized on December 22, 2016)
VICTOR R. ANDERSON III, ESQ.
[e-mail]
VALERIE A. MOORE, ESQ.
[e-mail]
LAURIE LO, ESQ.
[e-mail]
Attorneys
for
Defendant
ZURICH
AMERICAN
INSURANCE COMPANY, as successor to NORTHERN
INSURANCE COMPANY OF NEW YORK

9
10 DATED: December 22, 2016

HEROLD & SAGER

11
12
13
14
15

By:

_/s/ Andrew D. Herold
ANDREW D. HEROLD, ESQ.
[e-mail]
NICHOLAS B. SALERNO, ESQ.
[e-mail]
Attorney for Defendant NATIONAL UNION FIRE
INSURANCE COMPANY OF PITTSBURGH, PA.

16
17
18

ORDER
The parties having so stipulated and agreed, it is hereby SO ORDERED. The above-

19 referenced case is hereby stayed such that the deadline for Northern and National Union to file and
20 serve their respective responses to the complaint in this action is extended to February 28, 2017.
21 DATED this 27th day of December, 2016.
22
23
24

Troy L. Nunley
United States District Judge

25
26
27
28
3
STIPULATION AND ORDER TO STAY ACTION

2:16-CV-01404-TLN-AC