Williams Sports Rentals Inc.

Filing 211

STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 3/8/2024 ORDERING as follows: PETRICH and SENTINEL shall file their Oppositions to WSR's Motion 207 , on or before 4/26/2024. WSR shall file its reply brief in support of WSR's Motion 207 , on or before 5/6/2024.The Motion shall be heard on 5/17/2024.(Mena-Sanchez, L)

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COX, WOOTTON, LERNER
GRIFFIN & HANSEN LLP
LYNN L. KRIEGER (SBN 209592)
Email: [e-mail]
MATTHEW MIHALY (SBN 302697)
Email: [e-mail]
900 Front Street, Suite 350
San Francisco, CA 94111
Telephone No.: [phone]
Facsimile No.: [phone]
LAW OFFICE OF DAMIEN
MOROZUMI
DAMIEN MOROZUMI (SBN 148554)
448 Ignacio Blvd. Suite 181
Novato, CA 94949
Telephone No.: [phone]
Facsimile No.: [phone]
Email: [e-mail]
Attorneys for Third-Party Defendant
and Counter-Claimant, KAI PETRICH

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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IN ADMIRALTY

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IN RE: COMPLAINT AND PETITION
OF WILLIAMS SPORTS RENTALS,
INC. AS OWNER OF A CERTAIN
2004 YAMAHA WAVERUNNER FX
140 FOR EXONERATION FROM OR
LIMITATION OF LIABILITY

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MARIAN LATASHA WILLIS, on
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behalf of the Estate of RAESHON
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WILLIAMS,
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Respondent/Counter Claimant,
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v.
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WILLIAMS SPORTS RENTALS, INC., )
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Petitioner/Counter Defendant.
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WILLIAMS SPORTS RENTALS, INC., )
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Petitioner, Counter Defendant, and
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Third-party Plaintiff,
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Case No. 2:17-cv-00653-KJM-DAP
Hon. Kimberly J. Mueller
STIPULATION TO CONTINUE
HEARING ON WSR’S MOTION
FOR JUDGMENT ON THE
PLEADINGS, OR
ALTERNATIVELY, SUMMARY
JUDGMENT, AS TO THIRDPARTY DEFENDANTS KAI
PETRICH & ZIP, INC.’S DUTY TO
DEFEND WSR
Hearing Date: Friday, April 19, 2024
Hearing Time: 10:00 a.m.
Hearing Place: Courtroom 3, 15th Floor

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Case No. 2:17-cv-00653-KJM-DAP

STIPULATION TO CONTINUE HEARING ON WSR’S MOTION FOR JUDGMENT ON THE PLEADINGS, OR
ALTERNATIVELY, SUMMARY JUDGMENT, AS TO THIRD-PARTY PETRICH & ZIP’S DUTY TO DEFEND WSR

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v.

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THOMAS SMITH, KAI PETRICH,
BERKELEY EXECUTIVES, INC.,
ZIP, INC., and DOES 1-10,

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Third-party Defendants.

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WHEREAS, Counter-Defendant Williams Sports Rentals, Inc. (“WSR”) filed

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a Motion for Judgment on the Pleadings, or Alternatively, Summary Judgment, as to

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Third-Party Defendants Kai Petrich & Zip, Inc.’s Duty to Defend WSR on March 15,

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2024 (“Motion”) (ECF No. 207).

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WHEREAS, Third-Party Defendant and Counter-Claimant KAI PETRICH’s
(“PETRICH”) opposition would be due on March 29, 2024.

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WHEREAS, on March 25, 2024, attorneys for PETRICH and Twin City Fire

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Insurance Company and Sentinel Insurance Company, Ltd. (“SENTINEL”), as

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intervenors for ZIP, INC. (“ZIP”), and WSR met and conferred regarding WSR’s

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Motion (ECF No. 207) and the issues raised therein, including: the laws applicable to

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WSR’s contract and indemnity provisions, particularly in light of provisions in

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WSR’s agreement favoring California law and the February 21, 2024, release of the

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Supreme Court’s decision in Great Lakes Insurance SE v. Raiders Retreat Realty

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Co., LLC, Case No. 22-500 (U.S. Feb. 21, 2024).

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WHEREAS, in an effort to promote judicial economy and meet the goals of

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the Court’s meet and confer directives, the parties to this stipulation have agreed to

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an extension of time to review and brief the choice-of-law issue for this Court.

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WHEREAS, PETRICH and SENTINEL’s new deadline to file an Opposition
to WSR’s Motion will be April 26, 2024.
WHEREAS, the parties have also agreed to extend the time for WSR to file its
reply brief to May 6, 2024.
WHEREAS, the parties have also agreed to continue the Motion hearing date
from April 19, 2024, to May 17, 2024.

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Case No. 2:17-cv-00653-KJM-DAP

STIPULATION TO CONTINUE HEARING ON WSR’S MOTION FOR JUDGMENT ON THE PLEADINGS, OR
ALTERNATIVELY, SUMMARY JUDGMENT, AS TO THIRD-PARTY PETRICH & ZIP’S DUTY TO DEFEND WSR

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COMES NOW the parties and stipulate for an Order as follows:

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PETRICH and SENTINEL shall file their Oppositions to WSR’s Motion (ECF

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No. 207), on or before April 26, 2024.
WSR shall file its reply brief in support of WSR’s Motion (ECF No. 207), on
or before May 6, 2024.

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The Motion shall be heard on May 17, 2024.

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So Stipulated.

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Dated: March 27, 2024

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By: /S/ Lynn L. Krieger
Lynn L. Krieger
Matthew Mihaly
Attorneys for Third-Party Defendant and
Counter-Claimant KAI PETRICH

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COX, WOOTON, LERNER,
GRIIFIN & HANSEN, LLP

Dated: March 27, 2024

LAW OFFICE OF DAMIEN MOROZUMI
By: /S/ Damien Morozumi (authorized 3/26/24)
Damien Morozumi
Attorneys for Third-Party Defendant and
Counter-Claimant KAI PETRICH

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Dated: March 27, 2024

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MURPHY PEARSON BRADLEY & FEENEY
By: /S/ Laura Grealish (authorized 3/26/24)
Laura Grealish
Attorneys for Intervenors
SENTINEL INSURANCE COMPANY,
LTD.

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Dated: March 27, 2024

WILSON ELSER
By: /S/ Otis Felder (authorized 3/26/24)
Otis Felder
Attorneys for Defendant and
Cross-Defendant
WILLIAMS SPORTS RENTAL

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Case No. 2:17-cv-00653-KJM-DAP
STIPULATION TO CONTINUE HEARING ON WSR’S MOTION FOR JUDGMENT ON THE PLEADINGS, OR
ALTERNATIVELY, SUMMARY JUDGMENT, AS TO THIRD-PARTY PETRICH & ZIP’S DUTY TO DEFEND WSR

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ORDER
Pursuant to the above stipulation and good cause appearing, the court grants
the parties’ request.
IT IS SO ORDERED.
Dated: March 28, 2024.

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Case No. 2:17-cv-00653-KJM-DAP
STIPULATION TO CONTINUE HEARING ON WSR’S MOTION FOR JUDGMENT ON THE PLEADINGS, OR
ALTERNATIVELY, SUMMARY JUDGMENT, AS TO THIRD-PARTY PETRICH & ZIP’S DUTY TO DEFEND WSR