United States of America v. Zurich Insurance Company et al

Filing 8

STIPULATION AND ORDER REGARDING INITIAL CASE DEADLINES AND MANAGEMENT ISSUES. The Case Management Conference is continued to March 27, 2009. Signed by Judge Maxine M. Chesney on December 24, 2008. (mmclc2, COURT STAFF) (Filed on 12/24/2008)

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JOSEPH P. RUSSONIELLO (SBN 44332) United States Attorney JOANN M. SWANSON (SBN 135879) Chief, Civil Division CHARLES M. O'CONNOR (SBN 56320) JONATHAN U. LEE (SBN 148792) Assistant United States Attorneys 450 Golden Gate Avenue, 9th Floor San Francisco, California 94102 Telephone: [phone] Facsimile: 415-436-6748 ATTORNEYS FOR UNITED STATES OF AMERICA

8 9 10 11 12 13 14 15 16 17 18 WHEREAS, the United States of America filed this action on November 3, 2008; 19 WHEREAS, the parties have been in communication through their respective attorneys; 20 WHEREAS, the United States has received completed Waiver of Service of Summons forms 21 from Steadfast Insurance Company and Zurich American Insurance Company, executed December 4, 22 2008; 23 WHEREAS, the time for filing a first responsive pleading to the complaint for Steadfast 24 Insurance Company and Zurich American Insurance Company is sixty days after November 6, 2008, 25 or namely January 5, 2009; and 26 WHEREAS, the parties desire to continue their present discussions at an early private 27 mediation as described below: 28 1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) ) ZURICH INSURANCE COMPANY, ZURICH ) AMERICAN INSURANCE COMPANY and ) STEADFAST INSURANCE COMPANY, ) ) Defendants. ) ) No. 08-05005 MMC STIPULATION AND PROPOSED ORDER REGARDING INITIAL CASE DEADLINES AND MANAGEMENT ISSUES

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The parties stipulate as follows: 1. 2. The parties have agreed to attend private mediation on or before January 30, 2009. The parties have agreed that the time for Steadfast Insurance Company and Zurich American Insurance Company to file an initial responsive pleading is extended by thirty days to February 4, 2009. 3. The parties further agree that either plaintiff or any defendant may e-file a statement terminating the mediation process at any time and for any reason. In that event, the time for Steadfast Insurance Company and Zurich American Insurance Company to file an initial responsive pleading to the complaint would be as follows: (a) if any defendant terminates the mediation, February 4, 2009 or the day on which mediation is terminated, or (b) if plaintiff terminates the mediation, either February 4, 2009 or 10 days after the plaintiff's termination, whichever date is later. The date of the e-filing of the termination notice will initiate the running of the time periods described in this agreement. 4. The parties request that the dates for ADR Certification, Initial Disclosures under FRCP 26, preparation of the Case Management Conference Statement and the Initial Case Management Conference be postponed by approximately 30 days, respectively, from the dates previously ordered by the Court and that the Initial Case Management Conference be set for a date in mid-March 2009.

S t ip u la tio n and Proposed Order U S A v. Zurich, et al., Action 08-05005 M M C

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IT IS SO STIPULATED.

Dated: December 23, 2008

JOSEPH P. RUSSONIELLO United States Attorney

By: s/Jonathan U. Lee CHARLES M. O'CONNOR JONATHAN U. LEE Assistant U.S. Attorneys COUNSEL FOR PLAINTIFF

Dated: December 23, 2008 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
S t ip u la tio n and Proposed Order U S A v. Zurich, et al., Action 08-05005 M M C

SQUIRE, SANDERS & DEMPSEY LLP s/David A. Gabianelli DAVID A. GABIANELLI COUNSEL FOR DEFENDANTS STEADFAST INSURANCE COMPANY AND ZURICH AMERICAN INSURANCE COMPANY

PURSUANT TO STIPULATION, IT IS SO ORDERED. Specifically, the Case Management Conference is continued to March 27, 2009, at 10:30 a.m. 24 Date: December ____, 2008 ____________________________________ HON. MAXINE M. CHESNEY United States District Judge

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