Karsant Family Limited Partnership et al v. Allstate Insurance Company

Filing 24

ORDER re: summary judgment briefing schedule. Signed by Judge Illston on 10/10/08. (ts, COURT STAFF) (Filed on 10/10/2008)

Case 3:08-cv-01490-SI

Document 23

Filed 10/08/2008

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SONNENSCHEIN NATH & ROSENTHAL LLP 2121 N. CALIFORNIA BLVD., STE. 800 WALNUT CREEK, CALIFORNIA 94596 [phone]

MICHAEL BARNES (State Bar No. 121314) SONIA MARTIN (State Bar No. 191148) MICHELLE BRADLEY (State Bar No. 221323) SONNENSCHEIN NATH & ROSENTHAL LLP 2121 N. California Blvd., Suite 800 Walnut Creek, California 94596 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant ALLSTATE INSURANCE COMPANY

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

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KARSANT FAMILY LIMITED PARTNERSHIP and DR. PETER KARSANT, Plaintiffs, vs. ALLSTATE INSURANCE COMPANY, Defendant.

No. CV 08 1490 SI STIPULATION REGARDING BRIEFING SCHEDULE FOR KARSANT FAMILY LIMITED PARTNERSHIP'S PARTIAL MOTION FOR SUMMARY JUDGMENT

Plaintiffs Karsant Family Limited Partnership and Dr. Peter Karsant (collectively, " laintiffs ) and defendant Allstate Insurance Company hereby stipulate and agree as follows and p " respectfully request that the Court approve and give effect to their stipulation: WHEREAS, on July 18, 2008, the parties appeared at a case management conference, during which they identified two motions that potentially could resolve important issues in this litigation: (a) a motion to compel arbitration of a fee dispute pursuant to California Civil Code section 2860(c), and (b) a motion for partial summary judgment on the issue of whether Allstate is liable for the award of emotional distress damages and prevailing party attorneys' fees in Panoutsopoulos v. Karsant Family Limited Partnership, JAMS arbitration no. 1100042514;
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Case 3:08-cv-01490-SI

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SONNENSCHEIN NATH & ROSENTHAL LLP 2121 N. CALIFORNIA BLVD., STE. 800 WALNUT CREEK, CALIFORNIA 94596 [phone]

WHEREAS, at the time of the case management conference, parties contemplated that Allstate would file a single motion to cover both issues; WHEREAS, the parties requested that these motions be heard on a special briefing schedule to expedite their resolution; WHEREAS, the Court's Pretrial Preparation Order describes that briefing as follows: " OTION TO COMPEL ARBITRATION: October 31, 2008 at 9:00 a.m. (File: 9/26/08, M Opposition due: 10/17/08, Reply Due: 10/17/08, Final Reply: 10/24/08) ; " WHEREAS, the parties subsequently agreed it would be more appropriate for Allstate to file the opening brief on the motion to compel arbitration and for plaintiffs to file the opening brief on the motion for partial summary judgment; WHEREAS, plaintiffs filed their motion for partial summary judgment on September 25, 2008, and Allstate filed its motion to compel arbitration the following day; IT IS HEREBY STIPULATED AND AGREED THAT plaintiffs' motion for partial summary judgment shall be subject to the same briefing schedule set forth in the Court's Pretrial Preparation Order for the motion to compel arbitration. Accordingly, Allstate's opposition to the motion for partial summary judgment shall be due October 17, 2008, and plaintiffs' reply shall be due October 24, 2008. IT IS SO STIPULATED.

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FILER'S ATTESTATION: Pursuant to General Order No. 45, section X(B) regarding signatures, I attest under penalty of perjury that the concurrence in the filing of this document has been obtained from its signatories. DATED: October 8, 2008 By: _______/s/ MICHELLE BRADLEY_______ Michelle Bradley

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Case 3:08-cv-01490-SI

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SONNENSCHEIN NATH & ROSENTHAL LLP 2121 N. CALIFORNIA BLVD., STE. 800 WALNUT CREEK, CALIFORNIA 94596 [phone]

Dated: October 8, 2008

LOGAN & GILES LLP

By_______/s/ ANTHONY GILES_______ Anthony Giles Attorneys for Plaintiffs KARSANT FAMILY LIMITED PARTNERSHIP and DR. PETER KARSANT

Dated: October 8, 2008

SONNENSCHEIN NATH & ROSENTHAL LLP

By_______/s/ MICHELLE BRADLEY_______ Michelle Bradley Attorneys for Defendant ALLSTATE INSURANCE COMPANY

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27309669

IT IS SO ORDERED.

DATED: _________________

___________________________________ Honorable Susan Illston United State District Court Judge

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