The Flintkote Company v. General Accident Assurance Company of Canada et al

Filing 457

STIPULATION AND ORDER: Final Pretrial Conference/Motions Hearing continued to 2/12/2010 02:30 PM in Courtroom 15, 18th Floor, San Francisco; Jury Trial continued to 3/16/2010 08:30 AM in Courtroom 15, 18th Floor, San Francisco; Signed by Judge Marilyn Hall Patel on 1/14/2010. (awb, COURT STAFF) (Filed on 1/15/2010)

1 IRELL & MANELLA LLP Marc S. Maister (SBN 155980; [e-mail]) 2 Laura A. Seigle (SBN 171358; [e-mail]) Michael Fehner (SBN 207312; [e-mail]) 3 840 Newport Center Drive, Suite 400 Newport Beach, CA 92660-6324 4 Telephone: [phone] Facsimile: [phone] 5 Attorneys for Plaintiff 6 The Flintkote Company 7 ROBINSON & WOOD, INC. Archie S. Robinson (SBN 34789; [e-mail]) 8 Jesse F. Ruiz (SBN 77984; [e-mail]) Bonnie Margaret Ross (SBN 178591; [e-mail]) 9 Helen H. Chen (SBN 213150; [e-mail]) 227 North First Street 10 San Jose, CA 95113 Telephone: [phone] Facsimile: [phone] 12 Attorneys for Defendant Aviva Insurance Company of Canada 13 14 15 16 17 18 THE FLINTKOTE COMPANY, a Delaware corporation, 19 Plaintiff, 20 vs. 21 GENERAL ACCIDENT ASSURANCE 22 COMPANY OF CANADA, a Canada insurance company; GENERAL ACCIDENT 23 FIRE AND LIFE ASSURANCE CORPORATION LIMITED OF PERTH, 24 SCOTLAND, a Scotland insurance company; and DOES ONE through TEN, 25 Defendants. 26 27 28
JOINT STIP. RE: SCHEDULING Case No. C 04-01827 MHP

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. C 04-01827 MHP JOINT STIPULATION RE: BRIEFING, HEARING AND TRIAL SCHEDULE [Proposed Order submitted separately]

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JOINT STIPULATION RE: SCHEDULING Pursuant to the Court's request at the January 7, 2010 hearing, plaintiff The Flintkote

3 Company ("Flintkote") and defendant Aviva Insurance Company of Canada ("Aviva"), by and 4 through their counsel, submit this Joint Stipulation regarding their agreement on briefing, hearing 5 and trial dates. 6 The parties have meet and conferred, and have agreed to the following dates, including a

7 shortened briefing schedule, conditioned on the Court's agreement: 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
JOINT STIP. RE: SCHEDULING Case No. C 04-01827 MHP

Event Aviva files combined motion for reconsideration and appeal of Judge Cahill's Report and Recommendation Flintkote files combined response Aviva files reply re: motion for reconsideration Hearing on motions/continued pretrial conference Trial date

Scheduled Date Friday, January 15, 2010

Wednesday, January 27, 2010 Tuesday, February 2, 2010 Tuesday, February 9, 2010 Tuesday, March 16, 2010 (or later as Court's schedule directs)

The parties discussed potential hearing and trial dates with Court personnel and has submitted them in hopes that they are acceptable and still available. Pursuant to the Court's comments at the January 7th hearing, the parties are also participating in mediation activities with the Honorable Judge Daniel Weinstein (Ret.) of JAMS.

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NOW, THEREFORE, the parties hereby stipulate and agree as follows: 1. 2. The parties jointly request that the Court set the schedule as laid out above; and The parties jointly request that the Court enter an Order in the form proposed.

IT IS SO STIPULATED. Respectfully submitted, IRELL & MANELLA LLP

7 Dated: January 12, 2010 8 9 10 11 12 13 Dated: January 12, 2010 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

By: /s/ Michael Fehner Michael Fehner Attorneys for Plaintiff The Flintkote Company ROBINSON & WOOD, INC.

By: /s/ Archie S. Robinson Archie S. Robinson Attorneys for Defendant Aviva Insurance Company of Canada

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JOINT STIP. RE: SCHEDULING Case No. C 04-01827 MHP

1 2 3 4 5 6 7 8 9 10 11 THE FLINTKOTE COMPANY, a Delaware 12 corporation, ) ) ) 13 Plaintiff, ) ) 14 vs. ) ) 15 GENERAL ACCIDENT ASSURANCE ) COMPANY OF CANADA, a Canada ) 16 insurance company; GENERAL ACCIDENT ) FIRE AND LIFE ASSURANCE ) 17 CORPORATION LIMITED OF PERTH, ) SCOTLAND, a Scotland insurance company; ) 18 and DOES ONE through TEN, ) ) 19 ) Defendants. ) 20 21 22 23 24 25 26 27 28
[PROPOSED] ORDER RE: SCHEDULING (Case No. C 04-01827 MHP)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION Case No. C 04-01827 MHP [PROPOSED] ORDER RE: BRIEFING, HEARING AND TRIAL SCHEDULE Joint Stipulation Submitted Concurrently

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ORDER Pursuant to the parties' concurrently filed Joint Stipulation re: Briefing, Hearing, and Trial

3 Schedule, and good cause appearing therefor, the Court hereby orders that the following dates 4 shall apply in the above-captioned litigation: 5 6 7 8 9 10 11 12 13 14 15 16 17 Trial date IT IS SO ORDERED. Hearing on motions/continued pretrial conference 12 Tuesday, February 9, 2010 @ 2:30 p.m. Tuesday, March 16, 2010 @ 8:30 a.m. Filing of Flintkote's combined response Filing of Aviva's reply re: motion for reconsideration Wednesday, January 27, 2010 Tuesday, February 2, 2010 Event Filing of Aviva's combined motion for reconsideration and appeal of Judge Cahill's Report and Recommendation Date/Deadline Friday, January 15, 2010

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18 Dated: _____________, 2010 January 14

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[PROPOSED] ORDER RE: SCHEDULING (Case No. C 04-01827 MHP)

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___________________________________ Judge Marilyn Hall Patel ERED United StatesS SO ORD I District Judge

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