The Pacific Lumber Company et al v. General Star Indemnity Company et al

Filing 174

ORDER CONTINUING Further Case Management Conference to 5/19/2009 10:00 AM re 173 . Joint status report due 5/12/2009. Signed by Judge Elizabeth D. Laporte on 4/8/09. (lmh, COURT STAFF) (Filed on 4/8/2009)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

SCOTT J. KAPLAN (#143478) ANDREW F. BRIMMER (#179146) STOEL RIVES LLP 900 SW Fifth Avenue, Suite 2600 Portland, OR 97204 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs/Counter-Defendants MAXXAM INC., MAXXAM GROUP INC., MAXXAM GROUP HOLDINGS INC., CHARLES E. HURWITZ, JOHN CAMPBELL and ROBERT MANNE ALAN H. BARBANEL (#108196) KATY A. NELSON (#173759) BARBANEL & TREUER, P.C. 1925 Century Park East, Suite 350 Los Angeles, CA 90067 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant, Counterclaimant, Cross-Claimant and Third-Party Plaintiff GENERAL STAR INDEMNITY COMPANY SHERMAN C. LEE (#145765) COLLIAU ELENIUS MURPHY CARLUCCIO KEENER & MORROW 405 Howard Street, Suite 600 San Francisco, CA 94105 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant and Counter-Complainant TRANSPORTATION INSURANCE COMPANY REBECCA R. WEINREICH (#155684) LEWIS BRISBOIS BISGAARD & SMITH LLP 221 North Figueroa Street, 12th Floor Los Angeles, CA 90012 Telephone: [phone] Facsimile: [phone] Attorneys for Third-Party Defendant NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA

CASE MANAGEMENT STATEMENT

-1-

C-06 0212 EDL

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

THE PACIFIC LUMBER COMPANY, a Delaware corporation; SCOTIA PACIFIC COMPANY LLC, a Delaware corporation; MAXXAM INC., a Delaware corporation; MAXXAM GROUP INC., a Delaware corporation; MAXXAM GROUP HOLDINGS INC., a Delaware corporation; CHARLES E. HURWITZ, an individual; GARY CLARK, an individual; JOHN CAMPBELL, an individual; and ROBERT MANNE, an individual, Plaintiffs,

Case No. C-06 0212 EDL CASE MANAGEMENT STATEMENT Date: Time: Dept.: April 14, 2009 10:00 a.m. Courtroom E The Honorable Elizabeth Laporte

GENERAL STAR INDEMNITY COMPANY, a Connecticut corporation; TRANSPORTATION INSURANCE COMPANY, an Illinois corporation, Defendants. And Related Third Party Actions.

Pursuant to the Court's Order of February 11, 2009, the parties to this action jointly submit this case management conference statement. The parties have consented to trial before Magistrate Judge Laporte. As this Court is aware, plaintiffs Pacific Lumber Company ("PALCO") and Scotia Pacific Company, LLC filed for Chapter 11 bankruptcy protection in the U.S. Bankruptcy Court for the Southern District of Texas, Corpus Christi Division, case numbers 07-20028-C-11 and 70-20032C-11 (jointly administered under case number 07-20027-C-11). As a result of the bankruptcy action, the PALCO's interests are now represented by the PLC Litigation Trust (the "PLC Trust"), which now holds all of PALCO's rights pursuant to the approved bankruptcy plan.

CASE MANAGEMENT STATEMENT

-2-

C-06 0212 EDL

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Plaintiffs Scotia Pacific Company LLC and Scotia Pacific Holding Company LLC have been dissolved and their interests are now represented by the SPC Litigation Trust (the "SPC Trust"). As previously reported, the PLC Trust, SPC Trust, Transportation Insurance Co. ("TIC"), and General Star Indemnity Co. ("General Star") have reached a settlement in which the PLC Trust and SPC Trust will release their claims against TIC and General Star for the underlying Cave, Cook and Johnson actions. The settlement agreement, entitled Stipulation Resolving Claims Under CNA Insurance Program, has now been fully executed and will be filed very shortly with the bankruptcy court for approval. The parties do not anticipate any opposition to this motion and, once granted, will result in the release and dismissal of the claims by the PLC Trust and SPC Trust against TIC and General Star. Separately, plaintiffs MAXXAM and the remaining individual plaintiffs have engaged in discussions with TIC and General Star to try to resolve their disputes regarding the duty to defend. These discussions are ongoing, and TIC and General Star expect to have a response to MAXXAM very shortly. If these discussions are successful, it is likely that this entire coverage action can be dismissed without prejudice. Accordingly, to permit further time to negotiate the terms of the proposed resolution, the parties respectfully request that the Case Management Conference currently scheduled for April 14, 2009 be continued for 30 days.

Respectfully submitted, DATED: April 7, 2009 STOEL RIVES LLP By: /s/ Scott J. Kaplan SCOTT J. KAPLAN Attorneys for Plaintiffs/Counter-Defendants MAXXAM INC., MAXXAM GROUP INC., MAXXAM GROUP HOLDINGS INC., CHARLES E. HURWITZ, JOHN CAMPBELL and ROBERT MANNE

CASE MANAGEMENT STATEMENT

-3-

C-06 0212 EDL

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
CASE MANAGEMENT STATEMENT

DATED: April 7, 2009

COLLIAU ELENIUS MURPHY CARLUCCIO KEENER & MORROW By: /s/ Sherman C. Lee SHERMAN C. LEE Attorneys for Defendant and Counter-Complainant TRANSPORTATION INSURANCE COMPANY

DATED: April 7, 2009

BARBANEL & TREUER, P.C. By: /s/ Alan H. Barbanel ALAN H. BARBANEL Attorneys for Defendant, Counterclaimant, Cross-Claimant and Third-Party Plaintiff GENERAL STAR INDEMNITY COMPANY

DATED: April 7, 2009

LEWIS BRISBOIS BISGAARD & SMITH LLP By: /s/ Rebecca R. Weinreich REBECCA R. WEINREICH Attorneys for Third-Party Defendant NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA

DECLARATION REGARDING SIGNATURES I, Sherman C. Lee, declare under penalty of perjury that I obtained concurrence to file this document from counsel for defendants. /s/ Sherman C. Lee Sherman C. Lee ORDER The case management conference currently scheduled for April 14, 2009 is continued to May 19, ____________, 2009. Counsel shall submit a further joint status report to the Court no later than May 12 ____________, 2009.
UNIT ED
ISTRIC ES D TC AT T

RT U O

S

N

F D IS T IC T O R

A

-4-

ER

C

LI

FO

D lizabeth Judge E

R NIA

8 Dated: April ____, 2009

_________________________________________ THE HONORABLE ELIZABETHrtD. LAPORTE e . Lapo
NO

OO IT IS S

D RDERE

RT

C-06 0212 EDL

H

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

PROOF OF SERVICE I am a citizen of the United States, over the age of eighteen years, and not a party to the within action; my business address is Colliau Elenius Murphy Carluccio Keener & Morrow, Suite 600, 405 Howard Street, San Francisco, CA 94105. On April 7, 2009, I served the foregoing document described as: CASE MANAGEMENT STATEMENT on the attorney(s) of record and/or interested parties in the case The Pacific Lumber Co., et al. v. General Star Indemnity Co., et al. and related cross-actions, U.S.D.C., No. Dist. of California, Case No. C 060212 EDL, as follows: SEE ATTACHED SERVICE LIST BY FACSIMILE TRANSMISSION. By transmitting via facsimile machine to the parties California Rules of Court, Rule 2003 listed above. The facsimile machine I used complied with Federal Rule of Civil Procedure 4, and the transmission was reported as complete, without error by a transmission report issued by the transmitting facsimile machine immediately upon completion of transmittal. a true copy the original thereof enclosed in sealed envelope(s) to the parties By placing listed above and transmitting: BY U.S. MAIL. I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. It is deposited with the U.S. Postal Service on the same day with postage thereon fully prepaid at San Francisco, California in the ordinary course of business. I am aware that on motion of party served, service is presumed invalid if postal cancellation date or postage meter date is more than 1 day after date of deposit for mailing in affidavit. BY OVERNIGHT CARRIER. I delivered the foregoing documents to a courier or driver authorized by the overnight carrier to receive and transport documents for overnight delivery. I am "readily familiar" with the firm's practice of collection and processing correspondence for overnight carrier. It is deposited with the overnight carrier on the same day with postage thereon fully prepaid at San Francisco, California in the ordinary course of business. I am aware that on motion of party served, service is presumed invalid if postal cancellation date or postage meter date is more than 1 day after date of deposit for mailing in affidavit. BY ELECTRONIC TRANSMISSION. I electronically transmitted the attached documents to the Clerk of the Court using the ECF System for filing. Based on the records currently on file, the Clerk of the Court will transmit a Notice of Electronic Filing to the ECF registrants.

PROOF OF SERVICE

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

I declare that I am employed in the office of a member of the bar of this Court at whose direction the service was made. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on April 7, 2009, in the City and County of San Francisco, California. /s/Paula Woolery ___________________________________ PAULA WOOLERY

PROOF OF SERVICE - 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

THE PACIFIC LUMBER COMPANY, ET AL. V. GENERAL STAR INDEMNITY COMPANY, ET AL. AND RELATED CROSS-ACTIONSU.S.D.C., NO. DIST. OF CALIFORNIA, CASE NO. : C 060212 EDL Service List Scott Jonathan Kaplan Stoel Rives LLP 900 SW Fifth Avenue, Suite 2600 Portland, OR 97204-1268 503-294-9318 503-294-9843 (fax) [e-mail] Andrew F. Brimmer Sarah F. Peterman Stoel Rives LLP 111 Sutter Street, Suite 700 San Francisco, CA 94104 415-617-8900 415-676-3000 (fax) [e-mail] [e-mail] Alan H. Barbanel Katy A. Nelson Barbanel & Treuer 1925 Century Park East Suite 350 Los Angeles, CA 90067 310-282-8088 310-282-8779 (fax) [e-mail] Rebecca R. Weinreich Lewis Brisbois Bisgaard & Smith LLP 221 North Figueroa Street,12th Floor Los Angeles, CA 90012 213-250-1800 213-481-0621 (Fax) Attorneys for Plaintiffs/Counter-Defendants THE PACIFIC LUMBER COMPANY, SCOTIA PACIFIC COMPANY LLC; MAXXAM INC., MAXXAM GROUP, INC., CHARLES E. HURWITZ, GARY CLARK, JOHN CAMPBELL and ROBERT MANNE Attorneys for Plaintiffs/Counter-Defendants THE PACIFIC LUMBER COMPANY, SCOTIA PACIFIC COMPANY LLC; MAXXAM INC., MAXXAM GROUP, INC., CHARLES E. HURWITZ, GARY CLARK, JOHN CAMPBELL and ROBERT MANNE

Attorneys for Defendants GENERAL STAR INDEMNITY COMPANY

Attorneys for Third Party Defendant NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA

SERVICE LIST