Contra Costa Water District v. Hartford Underwriters Insurance Company

Filing 31

ORDER APPROVING STIPULATION TO CONTINUE JUNE 18, 2010 FURTHER CASE MANAGEMENT CONFERENCE AND DATES FOR RULE 26(A) INITIAL DISCLOSURES AND EXCHANGE OF DOCUMENTS. The Further Case Management Conference is continued from June 18, 2010 to July 30, 2010. All discovery and motion practice is stayed until after the Further Case Management Conference. Signed by Judge Maxine M. Chesney on June 11, 2010. (mmclc1, COURT STAFF) (Filed on 6/11/2010)

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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 SEDGWICK, DETERT, MORAN & ARNOLD LLP BRUCE D. CELEBREZZE Bar No. 102181 bruce.celebrezze@sdma.com MATTHEW C. LOVELL Bar No. 189728 matthew.lovell@sdma.com DEAN J. MCELROY Bar. No. 213132 dean.mcelroy@sdma.com One Market Plaza Steuart Tower, 8th Floor San Francisco, California 94105 Telephone: (415) 781-7900 Attorneys for defendant and counterclaimant HARTFORD UNDERWRITERS INSURANCE COMPANY BOWLES & VERNA LLP MICHAEL P. CONNOLLY Bar No. 238478 mconnolly@bowlesverna.com ROBERT I. WESTERFIELD Bar No. 112183 rwesterfield@bowlesverna.com 2121 N. California Blvd, Suite 875 Walnut Creek, California 94596 Telephone: (925) 935-3300 Attorneys for plaintiff and counterdefendant CONTRA COSTA WATER DISTRICT UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA CONTRA COSTA WATER DISTRICT, Plaintiff, v. HARTFORD UNDERWRITERS INSURANCE COMPANY; and Does 1 through 10, inclusive, Defendants. HARTFORD UNDERWRITERS INSURANCE COMPANY, Counterclaimant, CASE NO. CV 09-0983 MMC STIPULATION AND [PROPOSED] ORDER TO CONTINUE JUNE 18, 2010 FURTHER CASE MANAGEMENT CONFERENCE AND DATES FOR RULE 26(A) INITIAL DISCLOSURES AND EXCHANGE OF DOCUMENTS AND ORDER THEREON Courtroom: 7 Judge: Hon. Maxine M. Chesney 26 v. 27 CONTRA COSTA WATER DISTRICT, 28 Counterdefendant SF/1702846v1 Case No. CV 09-0983 MMC -1STIPULATION AND [PROPOSED] ORDER TO CONTINUE CMC AND RULE 26(A) DISCLOSURES 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 SF/1702846v1 Per Northern District Local Rule 16-2(d) and (e), plaintiff and counterdefendant Contra Costa Water District ("CCWD") and defendant and counterclaimant Hartford Underwriters Insurance Company ("Hartford"), by and through their counsel of record, stipulate as follows: RECITALS The Court held the initial case management conference in this matter on March 12, 2010. The parties informed the Court at the conference and in their joint case management statement filed March 5, 2010 (Document No. 28), that they desire to continue the mediation they began on October 8, 2009, and that they were trying to schedule a continued mediation session with the Hon. Ronald M. Sabraw (Ret.) at JAMS for a date in April 2010. The Court continued the matter for a further case management conference on June 18, 2010 (Document No. 29), but did not set any discovery deadlines or pretrial or trial dates. The Court also allowed the parties to defer making their respective Rule 26(a) initial written disclosures and initial exchange of documents until after they return to mediation. Due to conflicting calendars of Judge Sabraw, the parties' representatives, and the parties' counsel, the parties have not yet returned to mediation. However, the parties have agreed to participate in a further mediation session with Judge Sabraw on Friday, July 16, 2010. Moreover, although the parties have not yet been able to return to mediation, they have continued to exchange information and documents in order to narrow the issues for mediation. At the March 12, 2010 case management conference, the Court advised the parties that if they needed more time to try to resolve this matter, they should submit a stipulation requesting a continuance of the June 18, 2010 case management conference. Although the parties do not wish in any way to unnecessarily delay the litigation of this matter, they believe it is prudent to return to mediation in an effort to settle their disputes before substantial resources are expended in making Rule 26(a) initial disclosures, conducting other discovery, and otherwise preparing the case for trial. Therefore, in the interest of saving time, money, and the Court's resources, the parties request that the June 18, 2010 case management conference be continued to July 30, 2010 (two weeks after the further mediation session) or a convenient date thereafter, that the case be stayed Case No. CV 09-0983 MMC -2STIPULATION AND [PROPOSED] ORDER TO CONTINUE CMC AND RULE 26(A) DISCLOSURES 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 SF/1702846v1 until that time, and that the parties' Rule 26(a) disclosures and exchange of documents be postponed until after the date of the next case management conference. STIPULATION Based on the foregoing Recitals, CCWD and Hartford agree and stipulate as follows: (1) The further case management conference scheduled for June 18, 2010, shall be continued to July 30, 2010 or a convenient date thereafter; (2) The parties shall submit a joint case management statement one week before the date of the further case management conference; (3) All discovery and law and motion practice in this case shall be stayed until after the further case management conference, including the parties' Rule 26(a) initial written disclosures and exchange of documents. IT IS SO STIPULATED. DATED: June 10, 2010 SEDGWICK, DETERT, MORAN & ARNOLD LLP By:_/s/ Matthew C. Lovell_________________________ Bruce D. Celebrezze Matthew C. Lovell Dean J. McElroy Attorneys for Defendant and Counterclaimant HARTFORD UNDERWRITERS INSURANCE COMPANY DATED: June 10, 2010 BOWLES & VERNA LLP By: /s/ Robert I. Westerfield Robert I. Westerfield Michael P. Connolly Attorneys for plaintiff and counterdefendant CONTRA COSTA WATER DISTRICT ATTESTATION OF FILING Pursuant to General Order 45.X.B, I attest that I have obtained concurrence in the filing of this document from the parties listed above. /s/ Matthew C. Lovell Matthew C. Lovell Case No. CV 09-0983 MMC -3STIPULATION AND [PROPOSED] ORDER TO CONTINUE CMC AND RULE 26(A) DISCLOSURES 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 SF/1702846v1 ORDER PURSUANT TO THE FOREGOING STIPULATION, IT IS ORDERED THAT: (1) The further case management conference scheduled for June 18, 2010, shall be July 30 continued to __________________, 2010; (2) The parties shall submit a joint case management statement one week before the date of the further case management conference; (3) All discovery and law and motion practice in this case shall be stayed until after the further case management conference, including the parties' Rule 26(a) initial written disclosures and exchange of documents. June 11 DATED: _____________, 2010 HON. MAXINE M. CHESNEY UNITED STATES DISTRICT JUDGE Case No. CV 09-0983 MMC -4STIPULATION AND [PROPOSED] ORDER TO CONTINUE CMC AND RULE 26(A) DISCLOSURES

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