Peerless Insurance Company et al v. Lagorio Brothers, Inc.

Filing 18

ORDER signed by District Judge Kimberly J. Mueller on 08/08/17 ORDERING that the hearing on the 7 Motion to Dismiss and the Scheduling Conference are CONTINUED to 10/6/2017 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller . Lagorio Brothers, Inc.' deadline to serve responses and/or objections to the Interrogatories Propounded to Lagorio Brothers, Inc., Set No. One, Requests for Admission Propounded to Lagorio Brothers, Inc., Set No. One, and Requests for Production of Documents Propounded to Lagorio Brothers, Inc., Set No. One served by Peerless Insurance Company and American Fire and Casualty Company on 07/07/17 is EXTENDED to 10/16/17. (Benson, A.)

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MARTIN H. MYERS (Bar No. 130218)
GRETCHEN HOFF VARNER (Bar No. 284980)
COVINGTON & BURLING LLP
One Front Street, 35th Floor
San Francisco, California 94111-5356
Telephone: + 1 [phone]
Facsimile: + 1 [phone]
Email: [e-mail]; [e-mail]
NICHOLAS M. LAMPROS (Bar No. 29918)
COVINGTON & BURLING LLP
1999 Avenue of the Stars, Suite 1500
Los Angeles, California 90067-6045
Telephone: + 1 [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Defendant
LAGORIO BROTHERS, INC.

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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PEERLESS INSURANCE COMPANY, a New
Hampshire corporation, and AMERICAN FIRE
AND CASUALTY COMPANY, a New Hampshire
corporation,

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Plaintiffs,

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v.

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LAGORIO BROTHERS, INC., a California
corporation,
Defendant.

Civil Case No.: 2:17-CV-00762-KJM-CKD
JOINT STIPULATION TO: (1) CONTINUE
HEARING DATE ON DEFENDANT
LAGORIO BROTHERS, INC.’S MOTION
TO DISMISS OR STAY; (2) CONTINUE
SCHEDULING CONFERENCE; AND (3)
EXTEND LAGORIO BROTHERS, INC.’S
DEADLINE TO RESPOND TO
DISCOVERY; ORDER
CURRENT DATE: August 25, 2017
PROPOSED DATE: October 6, 2017
TIME: 10:00 a.m.
COURT: Courtroom 3, 15th Floor
JUDGE: Hon. Kimberly J. Mueller
Complaint filed April 11, 2017

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STIPULATION AND ORDER

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Plaintiff Peerless Insurance Company (“Peerless”), Plaintiff American Fire and Casualty
Company (“American Fire”), and Defendant Lagorio Brothers, Inc. (“LBI”), by and through their
counsel of record, hereby agree and stipulate as follows:

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WHEREAS, LBI filed a Motion to Dismiss, or in the Alternative, Stay this action (the “Motion”)
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on June 16, 2017 (Doc. 7), and,
WHEREAS, Peerless and American Fire filed an Opposition to LBI’s Motion on June 30, 2017
(Doc. 10) and LBI filed a Reply in support of its Motion on July 7, 2017 (Doc. 13), and
WHEREAS, the Court has scheduled a hearing on LBI’s Motion for 10:00 a.m. on August 25,
2017 (Doc. 15), and
WHEREAS, the Court has also scheduled the Scheduling Conference in this action for 10:00

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a.m. on August 25, 2017 (Doc. 15), and
WHEREAS, on July 7, 2017, Peerless and American Fire served Interrogatories Propounded to

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Lagorio Brothers, Inc., Set No. One, Requests for Admission Propounded to Lagorio Brothers, Inc., Set

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No. One, and Requests for Production of Documents Propounded to Lagorio Brothers, Inc., Set No. One

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(collectively, the “Discovery Requests”), and

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WHEREAS, good cause exists to continue the August 25, 2017 hearing date and the deadlines to

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respond to the Discovery Requests because the parties intend to engage in early private mediation
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which, if successful, would obviate the need for further proceedings in this case, and
WHEREAS the parties have scheduled such mediation to take place in San Francisco, California
on September 25, 2017 before Arnold Levinson, Esq., and
WHEREAS, the parties have conferred and determined that, if such efforts are unsuccessful and
a hearing on LBI’s Motion and a Scheduling Conference should prove necessary, all parties are
available to attend a hearing set for October 6, 2017,

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STIPULATION AND ORDER

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IT IS THEREFORE HEREBY STIPULATED that the hearing on LBI’s Motion and the
Scheduling Conference in this case shall be continued from August 25, 2017, to October 6, 2017, or
such other time as the Court shall order, and

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IT IS THEREFORE HEREBY FURTHER STIPULATED, that any responses and/or objections
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by LBI to Peerless’ and American Fire’s Discovery Requests shall be timely if served by LBI not later
than October 16, 2017.
Respectfully submitted,

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Dated: August 4, 2017

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SHEPPARD, MULLIN, RICHTER & HAMPTON
LLP

By: /s/Jennifer Hoffman (as authorized August 4, 2017)
FRANK FALZETTA
JENNIFER HOFFMAN
Attorneys for Plaintiffs PEERLESS INSURANCE
COMPANY and AMERICAN FIRE AND CASUALTY
COMPANY.

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Dated: August 4, 2017

COVINGTON & BURLING LLP

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By: /s/Nicholas Lampros
MARTIN H. MYERS
GRETCHEN HOFF VARNER
NICHOLAS LAMPROS
Attorneys for Defendant LAGORIO BROTHERS, INC.

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STIPULATION AND ORDER

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ORDER

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Good cause appearing and the parties hereto having so stipulated, the hearing on Lagorio

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Brothers, Inc.’s Motion to Dismiss or, in the Alternative, Stay (Doc. 7) and the Scheduling Conference

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is continued from August 25, 2017 to October 6, 2017 at 10:00 a.m. in Courtroom 3, 15th Floor before

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the Honorable Kimberly J. Mueller. Pursuant to Local Rule 144, Lagorio Brothers, Inc.’s deadline to

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serve responses and/or objections to the Interrogatories Propounded to Lagorio Brothers, Inc., Set No.

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One, Requests for Admission Propounded to Lagorio Brothers, Inc., Set No. One, and Requests for

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Production of Documents Propounded to Lagorio Brothers, Inc., Set No. One served by Peerless

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Insurance Company and American Fire and Casualty Company on July 7, 2017 is extended up to and

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including October 16, 2017.
IT IS SO ORDERED.
Dated: August 8, 2017

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UNITED STATES DISTRICT JUDGE

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STIPULATION AND ORDER