Williams Sports Rentals Inc.

Filing 214

STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 4/5/2024 CONTINUING the Motion to Dismiss Hearing to 5/17/2024 at 10:00 AM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. Opposition to the Motion due on 4/26/2024; WSR shall file its reply brief in support of Motion to Dismiss by 5/6/2024. (Clemente Licea, O)

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DIANNA L. ALBINI, SBN 152273
WADE LAW GROUP, A Professional Corporation
262 East Main Street
Los Gatos, CA 95030
P: 408-842-1688
F: 408-549-1612
Email: [e-mail]

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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 behalf of the )
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Estate of RAESHON 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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v.
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THOMAS SMITH, KAI PETRICH,
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BERKELEY EXECUTIVES, INC.,
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ZIP, INC., and DOES 1-10,
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Third-party Defendants.
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AND RELATED ACTIONS
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Case No. 2:17-cv-00653-KJM-JDP
Hon. Kimberly J. Mueller
Chief United States District Judge
STIPULATION TO CONTINUE HEARING
ON WSR’S MOTION TO DISMISS
COUNTER-CLAIMS AND FOR JUDGMENT
ON THE PLEADINGS, OR
ALTERNATIVELY, SUMMARY
JUDGMENT, AS TO THIRD-PARTY
DEFENDANTS THOMAS SMITH &
BERKELEY EXECUTIVES, INC.’S DUTY
TO DEFEND WSR; ORDER

Hearing Date: Friday, April 19, 2024
Hearing Time: 10:00 a.m.
Hearing Place: Courtroom 3, 15th Floor

STIPULATION TO CONTINUE HEARING ON WSR’S MOTION TO DISMISS COUNTER-CLAIMS, FOR JUDGMENT ON THE
PLEADINGS, OR ALTERNATIVELY, SUMMARY JUDGMENT, AS TO THIRD-PARTY DEFENDANTS THOMAS SMITH & BERKELEY
EXECUTIVES, INC.’S DUTY TO DEFEND WSR; ORDER. – Page 1

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WHEREAS, on February 23, 2024, WSR filed a Motion to Dismiss Counter-Claims by

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SMITH and BERKELEY and For Judgment on the Pleadings, or Alternatively, Summary

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Judgement on the Pleadings, or Alternatively, Summary Judgment (“Motion”) as to Counter

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Claimants’ Duty to Defend (ECF No. 200) the hearing currently set for April 19, 2024 at 10:00 a.m.

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WHEREAS, on March 25, 2024, attorneys for SMITH and BERKELEY, and WSR met and

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conferred regarding WSR’s Motion (ECF No. 200) and the issues raised therein, including: the

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laws applicable to 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 Supreme

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Court’s decision in Great Lakes Insurance SE v. Raiders Retreat Realty Co., LLC, Case No. 22-500

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(U.S. Feb. 21, 2024).
WHEREAS, on March 25, 2024, Ms. Albini, attorney for Third-Party Defendants and

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Counter-Claimants THOMAS SMITH (“SMITH”) and BERKELEY EXECUTIVES, INC’s

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(“BERKELEY”), informed Mr. Felder, attorney for WSR, of the passing of her mother, Mr. Felder,

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agreed to extend Third-Party Defendants and Counter-Claimants THOMAS SMITH (“SMITH”)

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and BERKELEY EXECUTIVES, INC’s (“BERKELEY”) opposition through extensions is due on

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April 1, 2024.

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WHEREAS, on April 1, 2024, Ms. Albini, attorney for Third-Party Defendants and

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Counter-Claimants THOMAS SMITH (“SMITH”) and BERKELEY EXECUTIVES, INC’s

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(“BERKELEY”), spoke with Mr. Felder, attorney for WSR, who agreed to continue the April 19,

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2024 hearing to May 17, 2024, to be heard at the same time as WSR’s Motion for Judgment on the

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Pleadings, or Alternatively, Summary Judgment, as to Third-Party Defendants Kai Petrich & Zip,

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Inc.’s Duty to Defend WSR on March 15, 2024 (ECF No. 207).

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WHEREAS, on March 29, 2024, the Honorable Chief District Judge Kimberly J. Mueller

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issued an Order Continuing the April 19, 2024 hearing on WSR’s Motion for Judgment on the

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Pleadings, or Alternatively, Summary Judgment, as to Third-Party Defendants Kai Petrich & Zip,

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Inc.’s Duty to Defend WSR to May 17, 2024 with PETRICH and SENTINEL filing their

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Oppositions to WSR's Motion [207], on or before 4/26/2024. WSR shall file its reply brief in

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support of WSR's Motion [207], on or before 5/6/2024.The Motion shall be heard on 5/17/2024
STIPULATION TO CONTINUE HEARING ON WSR’S MOTION TO DISMISS COUNTER-CLAIMS, FOR JUDGMENT ON THE
PLEADINGS, OR ALTERNATIVELY, SUMMARY JUDGMENT, AS TO THIRD-PARTY DEFENDANTS THOMAS SMITH & BERKELEY
EXECUTIVES, INC.’S DUTY TO DEFEND WSR; ORDER. – Page 2

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(ECF No. 211).

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

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meet and confer directives, the parties to this stipulation have agreed to an extension of time to

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review and brief the choice-of-law issue for this Court.

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

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SMITH and BERKELEY’s new deadline to file an Opposition to WSR’s Motion will be

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April 26, 2024.
WSR shall file its reply brief in support of WSR’s Motion (ECF No. 200), 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: April 1, 2024

WADE LAW GROUP, A Professional Corporation

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By: ___s/s Dianna L. Albini________________
DIANNA L. ALBINI
Attorneys for Third-Party Defendants
THOMAS SMITH & BERKELEY EXECUTIVES, INC.

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Dated: April 1, 2024

WILSON, ELSER, MOSKOWITZ,
EDELMAN & DICKER LLP
By: s/s B. Otis Felder________________
B. Otis Felder
Attorneys for Petitioner, Counter Defendant,
& Third-Party Plaintiff
WILLIAMS SPORTS RENTALS, INC.

ATTESTATION OF PERMISSION TO FILE THIS STIPULATION
Counsel for Third-Party Defendants, THOMAS SMITH and BERKELEY EXECUTIVES,
INC., attests that she has been given permission to sign this Stipulation on behalf of Petitioner,

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STIPULATION TO CONTINUE HEARING ON WSR’S MOTION TO DISMISS COUNTER-CLAIMS, FOR JUDGMENT ON THE
PLEADINGS, OR ALTERNATIVELY, SUMMARY JUDGMENT, AS TO THIRD-PARTY DEFENDANTS THOMAS SMITH & BERKELEY
EXECUTIVES, INC.’S DUTY TO DEFEND WSR; ORDER. – Page 3

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Counter Defendant, & Third-Party Plaintiff, WILLIAMS SPORTS RENTALS, INC., by its

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counsel, B. Otis Felder.

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Dated:

WADE LAW GROUP, A Professional Corporation

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By: _s/s Dianna L. Albini___________________
DIANNA L. ALBINI
Attorneys for Third-Party Defendants
THOMAS SMITH & BERKELEY EXECUTIVES, INC.

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STIPULATION TO CONTINUE HEARING ON WSR’S MOTION TO DISMISS COUNTER-CLAIMS, FOR JUDGMENT ON THE
PLEADINGS, OR ALTERNATIVELY, SUMMARY JUDGMENT, AS TO THIRD-PARTY DEFENDANTS THOMAS SMITH & BERKELEY
EXECUTIVES, INC.’S DUTY TO DEFEND WSR; ORDER. – Page 4

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ORDER
Pursuant to the above stipulation and good cause appearing, the court grants the parties’
request.

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SO ORDERED.

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DATED: April 5, 2024.

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