Bayless et al v. Illinois Union Insurance Company

Filing 91

STIPULATION AND ORDER TO AMEND SCHEDULING ORDER. Signed by Judge Jeffrey S. White on 08/03/10. (sis, COURT STAFF) (Filed on 8/3/2010)

Bayless et al v. Illinois Union Insurance Company

Doc. 91

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HODGSON RUSS LLP Kevin D. Szczepanski (Admitted pro hac vice) Lisa A. Bauer (Admitted pro hac vice) Brent J. Nowicki (Admitted pro hac vice) The Guaranty Building 140 Pearl Street, Suite 100 Buffalo, New York 14202-4040 Telephone: [phone] Facsimile: [phone] [e-mail] DILLINGHAM & MURPHY LLP Dennis J. Kelly (SBN 191414) Hsiao C. (Mark) Mao (SBN 236165) 225 Bush Street, 6th Floor San Francisco, California 94104-4207 Telephone: [phone] Facsimile: [phone] [e-mail] Attorneys for Third-Party Plaintiff ILLINOIS UNION INSURANCE COMPANY UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA JON W. BAYLESS and GARY J. MORGENTHALER, as Trustees in Dissolution for WESTWAVE COMMUNICATIONS, INC. a dissolved Delaware corporation, Plaintiffs, vs. ILLINOIS UNION INSURANCE COMPANY, and DOES 1-10, Defendants. ILLINOIS UNION INSURANCE COMPANY, Third-Party Plaintiff, vs. FEDERAL INSURANCE COMPANY, Third-Party Defendant. Case No. 03:08-CV-01779-JSW STIPULATION AND [PROPOSED] ORDER TO AMEND SCHEDULING ORDER

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STIPULATION AND [PROPOSED] ORDER Defendants/third-party plaintiff Illinois Union Insurance Company ("Illinois Union") and third-party defendant Federal Insurance Company ("Federal") hereby stipulate and jointly move this Court for an order amending certain dates in the parties' Joint Case Management Statement, dated March 5, 2010, which were adopted by Court Order on that same day, as follows: 1. These proposed changes are requested to permit the parties additional time to complete written discovery and the subsequent orderly depositions of necessary witnesses. Additionally, the changes will permit the parties additional time to attempt to resolve this dispute through mediation. 2. The parties have agreed to a revised scheduling order as follows, subject to the Court's approval: Proponent's Rule 26(a)(2)(B) Statement Rebuttal Rule 26(a)(2)(B) Statement Deadline for close of fact discovery Deadline for expert depositions (if any) Dispositive motions : : : : : Due September 3, 2010 Due October 4, 2010 October 22, 2010 November 5, 2010 Due December 3, 2010

3. The basis of this stipulation and proposed amendment of the scheduling order is that the parties have, in good faith, been attempting to complete written discovery and participate in mediation. However, due to unforeseen circumstances, the mediation previously scheduled for June 9, 2010 was adjourned. The parties and the mediator have been diligent in discussions regarding a new date for the mediation and believe it will conclude by mid-September 2010 at the latest.

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4. For the reasons set forth above, the parties respectfully request that the Court grant the proposed extended discovery dates. Respectfully submitted, Dated: July 14, 2010 HOGAN LOVELLS US LLP Attorneys for Federal Insurance Company ___________/s____________________ Norman J. Blears 525 University Avenue, 4th Floor Palo Alto, CA 94301 Telephone: [phone] Facsimile: [phone] [e-mail] Dated: July 14, 2010 HODGSON RUSS LLP Attorneys for Illinois Union Insurance Company ___________/s____________________ Kevin D. Szczepanski Brent J. Nowicki The Guaranty Building 140 Pearl Street, Suite 100 Buffalo, New York 14202-4040 Telephone: [phone] Facsimile: [phone] [e-mail]

IT IS SO ORDERED

August 3, 2010 Dated: ___________________________

_________________________________ Hon. Jeffrey S. White Judge of the United States District Court

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