Home Depot U.S.A., Inc v. United States Fidelity and Guaranty Company et al

Filing 19

STIPULATION AND ORDER Exending Deadline to Conduct Early Neutral Evaluation. Signed by Judge Samuel Conti on 11/12/08. (tdm, COURT STAFF) (Filed on 11/13/2008)

1 JOSHUA S. GOODMAN - State Bar #116576 PAIGE P. YEH - State Bar #229197 2 JENKINS GOODMAN NEUMAN & HAMILTON LLP 417 Montgomery Street, 10th Floor 3 San Francisco, California 94104 Telephone: [phone] Facsimile: [phone] 5 Attorneys for Plaintiff HOME DEPOT U.S.A., INC. 6 MARC J. DEREWETZKY ­ State Bar # 130944 7 MORISON ANSA HOLDEN ASSUNCAO & PROUGH, LLP 1550 Parkside Drive, Third Floor 8 Walnut Creek, CA 94596 Phone [phone] Fax [phone] Attorneys for Defendant UNITED STATES FIDELITY AND GUARANTY COMPANY 11 UNITED STATE DISTRICT COURT 12 THE NORTHERN DISTRICT OF CALIFORNIA 13 HOME DEPOT U.S.A., INC., No. 08-02713 SC 14 (AMENDED) STIPULATION AND Plaintiff, 15 [PROPOSED] ORDER TO EXTEND DEADLINE TO CONDUCT EARLY vs. 16 NEUTRAL EVALUATION UNITED STATES FIDELITY and 17 GUARANTY COMPANY, TRAVELERS INSURANCE COMPANY, and DOES 1 18 through 10, inclusive, Defendants. 19 20 Pursuant to Civil L.R. 6-2 and 16-10(c) and ADR L.R. 5-5, and for the reasons set forth in

21 the accompanying Declaration of Counsel, Plaintiff Home Depot U.S.A., Inc. ("Plaintiff") and 22 Defendant United States Fidelity and Guaranty Company ("Defendant") stipulate that the deadline 23 for them to conduct an early neutral evaluation ("ENE") should be extended until February 1, 24 2009. The parties further stipulate that:
Jenkins Goodman Neuman & Hamilton LLP 417 Montgomery St. th 10 Floor San Francisco, CA 94104 [phone]

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1.

On September 5, 2008, this Court referred this case to ENE and ordered the parties

26 to conduct the session by December 3, 2008; -1STIPULATION & ORDER TO EXTEND ENE DEADLINE Case No. 08-02713 SC

1

2.

On October 23, 2008, Christopher Johns, the early neutral evaluator, Plaintiff, and

2 Defendant, agreed that extending the deadline to conduct ENE would give Plaintiff and Defendant 3 the opportunity to more meaningfully prepare for and participate in the session. 4 5 6 3. 4. 5. An ENE has been scheduled for January 6, 2009. There have been no previous time modifications in this case. Extending the deadline to conduct the ENE will not affect the other events in the

7 Court's September 5, 2008 order scheduling trial and pre-trial matters. 8 DATED: November 10, 2008 9 10 By: 11 12 13 14 DATED: November 10, 2008 15 16 17 18 19 20 21 22 PURSUANT TO STIPULATION, IT IS SO ORDERED. 23
UNIT ED

MORISON ANSA HOLDEN ASSUNCAO & PROUGH, LLP

/s/ MARC J. DEREWETZKY Attorneys for Defendant UNITED STATES FIDELITY AND GUARANTY COMPANY

JENKINS GOODMAN NEUMAN & HAMILTON LLP

By:

/s/ JOSHUA S. GOODMAN PAIGE P. YEH Attorneys for Plaintiff HOME DEPOT U.S.A., INC.

[PROPOSED] ORDER

12 24 DATED: November ____, 2008
Jenkins Goodman Neuman & Hamilton LLP 417 Montgomery St. th 10 Floor San Francisco, CA 94104 [phone]

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S DISTRICT TE C TA

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STIPULATION & ORDER TO EXTEND ENE DEADLINE Case No. 08-02713 SC

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UNITED STATES DISTRICT JUDGE
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Judge S

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DECLARATION OF COUNSEL

2 I, Joshua S. Goodman, declare as follows: 3 1. I am a partner in the law firm of Jenkins Goodman Neuman & Hamilton, LLP,

4 attorneys of record herein for Plaintiff. I am familiar with the events below either through my own 5 personal experience or from my review of case documents provided to me and attached hereto. 6 Therefore, I am able to competently testify to the following. 7 2. On September 5, 2008, this Court referred this case to ENE and ordered the parties

8 to conduct the session by December 3, 2008; 9 3. On October 23, 2008, Christopher Johns, the early neutral evaluator, Plaintiff, and

10 Defendant, agreed that extending the deadline to conduct ENE would give Plaintiff and Defendant 11 the opportunity to more meaningfully prepare for and participate in the session. 12 13 14 4. 5. 6. An ENE has been scheduled for January 6, 2008. There have been no previous time modifications in this case. Extending the deadline to conduct the ENE will not affect the other events in the

15 Court's September 5, 2008 order scheduling trial and pre-trial matters. 16 7. I obtained the concurrence of Defendant's counsel, Marc J. Derewetzky, in the

17 filing of this document. I will maintain records to show this concurrence for subsequent 18 production for the Court if so ordered or for inspection upon request by a party until one year after 19 final resolution of this action (including appeal, if any). 20 DATED: November 10, 2008 21 22 23 24
Jenkins Goodman Neuman & Hamilton LLP 417 Montgomery St. th 10 Floor San Francisco, CA 94104 [phone]

/s/ JOSHUA S. GOODMAN /// ///

25 26 -3STIPULATION & ORDER TO EXTEND ENE DEADLINE Case No. 08-02713 SC