Nationwide Agribusiness Insurance et al v. George Perry & Sons, Inc. et al

Filing 41

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 5/28/2018 CONTINUING the Motion for Summary Judgment Hearing to 6/29/2018 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller and the deadline for Nationwide and Unigard to file any Reply briefs to Defendant Perry & Sons Oppositions to the motions is 6/22/2018. The Nationwide action and Unigard action are STAYED for all other purposes until hearings on Nationwides and Unigards motions for summary judgment-or until the Court issues its orders on the motions. The Status Conference/Scheduling Order Conference set for 6/21/2018 is VACATED. (Hunt, G)

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Fulton M. Smith III (SBN 121071)
Teri Mae Rutledge (SBN 261229)
COZEN O'CONNOR
101 Montgomery Street, Suite 1400
San Francisco, CA 94104
Tel: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]
Attorneys for Plaintiffs,
NATIONWIDE AGRIBUSINESS INSURANCE,
and NATIONWIDE MUTUAL INSURANCE
COMPANY

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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NATIONWIDE AGRIBUSINESS
INSURANCE; and NATIONWIDE MUTUAL
INSURANCE COMPANY,

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STIPULATION AND ORDER
REGARDING CONTINUING
NATIONWIDE’S MOTION FOR
SUMMARY JUDGMENT, DEFENDANT
PERRY & SONS’ MOTION TO STAY
AND THE STATUS CONFERENCE

Plaintiffs,

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Case No.: 2:17-cv-01910-KJM-CKD
(Related Case No. 2:18-cv-00188-KJM-CKD)

v.
GEORGE PERRY & SONS, INC.; and PAUL
GOMES,

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Date:
Time:
Dept.:

June 29, 2018
10 AM
Courtroom 3

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Judge:

Hon. Kimberly J. Mueller

Defendants.

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THE PARTIES HERETO by and through their respective counsel stipulate as follows:

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1.

WHEREAS Nationwide Agribusiness Ins. et al. v. George Perry and Sons, Inc., et

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al., Case No. 2:17-CV-01910-KJM-CKD (the “Nationwide action”) was filed on September 14,

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2017;

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2.

WHEREAS Unigard Ins. Co., et al. v. George Perry and Sons, Inc., et al., Case No.

2:18-cv-00188-KJM-CKD, (the “Unigard action”) was filed on January 26, 2018;
3.

WHEREAS as the Nationwide action and the Unigard action have been deemed

related cases;

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CASE NO. 2:17-CV-01910-KJM-CKD

STIP. AND ORDER RE CONTINUING NATIONWIDE’S MSJ, PERRY & SONS’ MOT. TO STAY AND THE STATUS CONF.

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4.

WHEREAS in the Nationwide action Plaintiffs Nationwide Agribusiness Insurance

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and Nationwide Mutual Insurance Company (collectively “Nationwide”) filed a Motion for

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Summary Judgment (“Nationwide motion”), and is set for hearing on June 1, 2018 at 10:00 AM in

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Courtroom 3;

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5.

WHEREAS Unigard and OneBeacon (collectively “Unigard”) in the Unigard action

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filed a Motion for Partial Summary Judgment (“Unigard motion”), and is also set for hearing on

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June 1, 2018; at 10:00 AM in Courtroom 3;

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6.

WHEREAS at the May 10, 2018 hearing on Defendant Perry & Sons Motion to

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Stay, Nationwide and Unigard requested that the hearing date for Nationwide’s and Unigard’s

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respective motions for summary judgments be continued to June 29, 2018 because counsel for

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Unigard had a conflict with the currently scheduled June 1, 2018 hearing date;

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7.

WHEREAS the parties agree that having both the Nationwide motion and the

Unigard motion heard on the same date is beneficial to all parties and promotes judicial economy;
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WHEREAS during the May 10, 2018 hearing on Defendant Perry’s Motion to Stay,

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the Court also ordered the Nationwide action and the Unigard action stayed until after it could

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consider Nationwide and the Unigard motions for summary judgment (and the hearing thereon);

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9.

WHEREAS the parties have agreed to continue the hearing date for both the

Nationwide motion and the Unigard motion to June 29, 2018;
10.

WHEREAS pursuant to the oral order of the Court on May 10, 2018, the parties

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agreed that the matters are stayed until hearing of the Nationwide and Unigard motions for

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summary judgment—and the Court’s consideration thereof;

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11.

WHEREAS, the Court also ordered that after its ruling on Nationwide’s and

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Unigard’s motions for summary judgment, the Court indicated it would allow Defendant Perry &

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Sons the opportunity to revisit the motion to stay, or to file a new motion; and

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12.

WHEREAS, a Status Conference/Scheduling Conference was scheduled for June

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21, 2018 at 2:30 PM in Courtroom 3; but the Court ordered that the conferences be reset to a date

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to be determined at or after the June 29, 2018 hearing on the motions for summary judgment (and

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CASE NO. 2:17-CV-01910-KJM-CKD

STIP. AND ORDER RE CONTINUING NATIONWIDE’S MSJ, PERRY & SONS’ MOT. TO STAY AND THE STATUS CONF.

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that the parties need not file any proposed Status Conference or Scheduling Order statements or

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orders).

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13.

THEREFORE, the parties stipulate:
a.

The parties stipulate that the hearing on Nationwide’s Motion for Summary

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Judgment and Unigard’s Motion for Partial Summary Judgment will both be

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heard on June 29, 2018 at 10:00 am in Courtroom 3;

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b.

All remaining deadlines associated with Nationwide’s Motion for Summary

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Judgment and Unigard’s Motion for Partial Summary Judgment shall be

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calculated according to applicable court rules, including that pursuant to

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these rules, both Nationwide’s and Unigard’s briefs in Reply to Defendant

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Perry & Sons Oppositions to the motions shall be due June 22, 2018;

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c.

The Nationwide action and Unigard action are stayed for all other purposes

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until after the hearing on Nationwide’s and Unigard’s motions for summary

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judgment;

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d.

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After the hearing on the motions for summary judgment the Court will revisit
the Defendant Perry & Sons’ Motion to Stay; and

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The Status Conference/Scheduling Order Conference set for June 21, 2018 is

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vacated, and if necessary, will be rescheduled. The Parties need not meet and

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confer and need not submit joint Status Conference Statements or proposed

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scheduling Orders.

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Dated: May 23, 2018

COZEN O'CONNOR

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By: /s/ Fulton M. Smith III
Fulton M. Smith III
Teri Mae Rutledge
Attorneys for Plaintiffs
NATIONWIDE AGRIBUSINESS INSURANCE,
and NATIONWIDE MUTUAL INSURANCE
COMPANY

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CASE NO. 2:17-CV-01910-KJM-CKD

STIP. AND ORDER RE CONTINUING NATIONWIDE’S MSJ, PERRY & SONS’ MOT. TO STAY AND THE STATUS CONF.

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Dated: May 23, 2018

DOWNEY BRAND LLP

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By: /s/ John C. McCarron
John C. McCarron
Attorneys for Defendant
GEORGE PERRY & SONS, INC.

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Dated: May 23, 2018

FARMER SMITH & LANE LLP

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By: /s/ Blane A. Smith
Blane A. Smith
Attorneys for Defendant
GEORGE PERRY & SONS, INC.

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Dated: May 23, 2018

SELVIN WRAITH HALMAN LLP

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By: /s/ Gary R. Selvin
Gary R. Selvin
Robin D. Korte
Attorneys for Plaintiffs in Related Action
UNIGARD INSURANCE COMPANY and
ONEBEACON INSURANCE COMPANY

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CASE NO. 2:17-CV-01910-KJM-CKD

STIP. AND ORDER RE CONTINUING NATIONWIDE’S MSJ, PERRY & SONS’ MOT. TO STAY AND THE STATUS CONF.

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ORDER
Based on the foregoing stipulation and good cause appearing therefore, IT IS HEREBY
ORDERED that:

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1. The hearings on Nationwide’s motion for summary judgment Unigard’s motion for

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partial summary judgment are continued from June 1, 2018 to June 29, 2018 at

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10:00 a.m. in Courtroom 3. All remaining deadlines associated with Nationwide’s

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Motion for Summary Judgment and Unigard’s Motion for Partial Summary

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Judgment shall be calculated according to applicable court rules, and the deadline

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for Nationwide and Unigard to file any Reply briefs to Defendant Perry & Sons’

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Oppositions to the motions is June 22, 2018.

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2. The Nationwide action and Unigard action are stayed for all other purposes until

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hearings on Nationwide’s and Unigard’s motions for summary judgment—or until

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the Court issues its orders on the motions.

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3. After the Court issues its orders on the motions for summary judgment, the Court
may revisit Defendant Perry & Sons Motion to Stay, if necessary, and

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4. The Status Conference/Scheduling Order Conference set for June 21, 2018 is

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vacated, and, if necessary, will be rescheduled. The Parties need not meet and

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confer and need not submit joint Status Conference Statements or proposed

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scheduling orders.

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SO ORDERED.
DATED: May 28, 2018.

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UNITED STATES DISTRICT JUDGE

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CASE NO. 2:17-CV-01910-KJM-CKD

STIP. AND ORDER RE CONTINUING NATIONWIDE’S MSJ, PERRY & SONS’ MOT. TO STAY AND THE STATUS CONF.