The Travelers Indemnity Company of Connecticut v. Lexington Insurance Company

Filing 20

STIPULATION and ORDER signed by District Judge John A. Mendez on 12/06/17 ORDERING that Expert Disclosure deadline: 03/09/18 with rebuttal expert disclosure: 03/16/18; Discovery completion: 04/13/18; last day to file dispositive motions: 05/29/18; last day to hear dispositive motions: 06/26/18; joint pretrial statement due: 07/27/18; Final Pretrial Conference set for 8/3/2018 at 11:00 AM in Courtroom 6 (JAM) before District Judge John A. Mendez and Jury Trial set for 9/10/2018 at 09:00 AM in Courtroom 6 (JAM) before District Judge John A. Mendez. (Benson, A.)

1 ANDREW D. HEROLD, ESQ., SBN 178640
[e-mail]
2 EMILY G. COTTRELL, ESQ., SBN 239233
[e-mail]
3
BENJAMIN J. HAECK, ESQ., SBN. 226463
4 [e-mail]
HEROLD & SAGER
5 550 Second Street, Suite 200
Encinitas, CA 92024
6 Telephone: [phone]
Facsimile: [phone]
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8 Attorneys for Lexington Insurance Company
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
CASE NO.: 2:16-CV-02620-JAM-DB

11 THE TRAVELERS INDEMNITY
COMPANY OF CONNECTICUT, a
12 Connecticut corporation,
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STIPULATION TO CONTINUE TRIAL
AND TRIAL-RELATED DATES

Plaintiff,
Complaint filed: November 2, 2016

vs.

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LEXINGTON INSURANCE COMPANY, a
16 Delaware corporation; DOES 1-10, inclusive,
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Defendants.

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Plaintiff

THE

TRAVELERS

INDEMNITY

COMPANY

OF

CONNECTICUT

20 (“Travelers”) and Defendant LEXINGTON INSURANCE COMPANY (“Lexington”) hereby
21 submit the following Stipulation pursuant to FRCP 16(b)(4) to modify the Court’s Status (Pre22 Trial) Scheduling Order, entered February 2, 2017 (Document 17) and, for good cause shown, to
23 continue trial and all related dates by 90 days.
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WHEREAS, on November 2, 2016, Travelers filed this instant action against Lexington, in

25 the United States District Court, Eastern District of California, case number 2:16-CV-02620-JAM26 DB (the “Complaint”);
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WHEREAS, in the Complaint, Travelers sought declaratory relief regarding Lexington’s

28 duty to defend and indemnify a common named insured, Montez Glass, in an underlying
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STIPULATION TO CONTINUE TRIAL AND TRIAL-RELATED DATES

CASE NO.: 2:16-CV-02620-JAM-DB

1 construction defect action, The Regents of the University of California v. Flintco, Inc., et al.,
2 Superior Court for the State of California, County of Yolo, Case No. CV12-185222 (the
3 “Underlying Action”);
WHEREAS, in December 2016, Lexington agreed to defend Montez Glass pursuant to a

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5 reservation of rights, and it began contributing to Montez Glass’s defense fees and costs;
WHEREAS, in October 2017, Montez Glass was dismissed from the Underlying Action,

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7 and in November 2017, the Underlying Action was resolved and dismissed in its entirety;
WHEREAS, given Montez Glass’s recent dismissal, its defense fees and costs are not yet

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9 finalized. Montez Glass’s defense counsel is in the process of closing its file and is expected to
10 issue its final invoice in the next 30-45 days;
WHEREAS, the parties cannot proceed on Travelers’ declaratory relief claims until

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12 Montez Glass’s defense fees and costs are finalized and all defense payments are received;
WHEREAS, for good cause shown, the parties respectfully request a 90-day extension of

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14 the June 11, 2018 trial date and all trial and discovery related dates, to allow for Montez Glass’s
15 defense fees and costs to become finalized, for defense payments to be issued, and to allow for
16 continued settlement negotiations between the parties; and
WHEREAS, the parties have not requested a prior trial or discovery continuance in this

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18 matter, and this request is not due to any delay caused by the parties;
NOW THEREFORE, the parties, by and through their respective counsel of record,

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20 stipulate and agree as follows:
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STIPULATION
1.

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The parties stipulate to, and request a Court order continuing the June 11, 2018 trial

23 date and related deadlines as follows:
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25 ///
26 ///
27 ///
28 ///
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STIPULATION TO CONTINUE TRIAL AND TRIAL-RELATED DATES

CASE NO.: 2:16-CV-02620-JAM-DB

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Expert disclosure:

March 9, 2018

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Rebuttal expert disclosure:

March 16, 2018

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Discovery completion date:

April 13, 2018

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Last day to file dispositive motions:

May 29, 2018

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Last day to hear dispositive motions:

June 26, 2018

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Joint pretrial statement filed by:

July 27, 2018

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Pretrial conference:

August 3, 2018 at 11:00 a.m.

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Trial:

September 10, 2018 at 9:00 a.m.

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STIPULATION TO CONTINUE TRIAL AND TRIAL-RELATED DATES

CASE NO.: 2:16-CV-02620-JAM-DB

1 DATED: December 6, 2017

THE AGUILERA LAW GROUP, APLC

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By:

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/s/ Ha Eun Cho, Esq.
A. ERIC AGUILERA, ESQ.
[e-mail]
KARI M. MYRON, ESQ.
[e-mail]
HA EUN CHO, ESQ.
[e-mail]
Attorneys for Plaintiff, THE TRAVELERS
INDEMNITY COMPANY OF CONNECTICUT

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9 DATED: December 6, 2017

HEROLD & SAGER

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By: /s/ Benjamin J. Haeck, Esq.
ANDREW D. HEROLD, ESQ.
[e-mail]
EMILY G. COTTRELL, ESQ.
[e-mail]
BENJAMIN J. HAECK, ESQ.
[e-mail]
Attorneys for Defendant, LEXINGTON
INSURANCE COMPANY

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GOOD CAUSE HAVING BEEN SHOWN, IT IS SO ORDERED.

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22 DATED:

12/6/2017

/s/ John A. Mendez
UNITED STATES DISTRICT COURT JUDGE

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STIPULATION TO CONTINUE TRIAL AND TRIAL-RELATED DATES

CASE NO.: 2:16-CV-02620-JAM-DB