StoneRiver Insure Worx, Inc. v. Southeastern US Insurance, Inc.

Filing 31

STIPULATION AND ORDER CHANGING TIME (Local Rule 6.2). Signed by Judge Marilyn Hall Patel on 10/23/2009. (ls, COURT STAFF) (Filed on 10/23/2009)

1 FOLEY & LARNER LLP MICHAEL E. DELEHUT (SBN 070619)
2 mdelehunt(£foley.com

BILL 1. SYMS (SBN 257903)
3 bsymes(£foley.com

One Maritime Plaza, Sixth Floor
4 San Francisco, California 94111

Telephone: [phone] Facsimile: 415.434.4507

6 Attorneys for Plaintiff StoneRiver Insureworx, Inc.
7 COOPER, WHITE & COOPER LLP STEPHEN KAUS (SBN 57454)
8 skaus(£cwc1aw.com

201 California Street, 1 ih Floor
9 San Francisco, California 94111

Telephone: [phone] Facsimile: 415.433.5530
11 Attorneys for Defendant Southeastern US

Insurance, Inc.
12 13 14 15 16 17

(ADDITIONAL COUNSEL LISTED ON

SIGNATUR PAGE)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION

18 StoneRiver InsureWorx, Inc.,
19

CASE NO. CV 09 1920 MH
STIPULA TED REQUEST FOR ODER

Plaintiff,
vs.

20

CHANGING TIME (Local Rule 6.2)

21 Southeastern US Insurance, Inc.,
22 23 24

Defendant.

Pursuant to N.D. CAL. L.R. 6-2, Plaintiff StoneRiver Insureworx, Inc. ("Plaintiff') and

25 Defendant Southeastern US Insurance, Inc. ("Defendant") request that the mediation deadline in
26 this matter be rescheduled from November 15, 2009 (Doc. 26) to March 15, 2010.

27
28 provider of

The parties make this request because on September 11,2009, Defendant, a Georgia-based
workers' compensation insurance, was placed under administrative supervision
CV 09 1920 MH
STIPULATED REQUEST FOR ORDER CHANGING TIME

COOPER, WHITE & COOPER LLP
ATTORNEYS LAW AT 201 CALIFORNIASTREET SAN FRANCISCO, CA 94111

625404. i

1 pursuant to the Georgia Insurance Code. (See Administrative Supervision Order, attached as

2 Exhibit A) Accordingly, Defendants' operations are presently being controlled by an
3 Administrator appointed by the Georgia Department ofInsurance ("DOl"). Any settlement,
4 therefore, requires the Administrator's approval.

5

Defendant's counsel is in communication with DOl regarding this case and its status.

6 Currently, DOl is in the process of evaluating Defendant's situation, and had not made a decision
7 regarding its chosen course of action. DOl has not provided Defendant with any settlement
8 authority, so settlement is not feasible as of the date of

this fiing. Thus, the parties are unable to

9 meaningfully confer regarding settlement, or fie their Settlement Conference Statements.
10 Extending the deadlines as requested, however, will allow the DOl time to assess the situation,

11 give instructions, and allow for more substantive settlement discussions. It appears that
12 attempting to schedule an earlier settlement conference would be premature, given lack of
13 authority from the DOL
14
The parties have been in communication with the chambers of

Magistrate Judge Spero

15 regarding the settlement conference. In response to the parties previous request, Magistrate Judge
16 Spero has cancelled the Settlement Conference scheduled before him and suggested that the
17 parties seek an extension of

the mediation deadline from this Court. Magistrate Judge Spero is

18 handling the criminal calendar in December and has two trials scheduled in January 2010, so an
19 extension of

the mediation deadline to March 15, 2010 is consistent with the availability of

20 calendar opening for a settlement conference in February or March 2010 before Magistrate Judge
21 Spero. If

this request to extend the mediation deadline is granted, the parties then intend to

22 schedule a settlement conference with Magistrate Judge Spero.
23

Therefore, the parties respectfully request that this Court extend the mediation deadline

24 from November 15, 2009 to March 15, 2010.

25 / / / 26 / / / 27 / / / 28 / / /
COOPER, WHITE & COOPER LLP
ATTORNEYS LAW AT 201 CALIFORNIASTREET SAN FRANCISCO, CA 94111

625404. i

2
STIPULATED REQUEST FOR ORDER CHANGING TIME

CV 09 1920 MH

1

Dated: October 22,2009.
Consented to:

2 3

Attorneys for Plaintiff:

Attorneys for Defendant:

4 By: Isl Brian P. Keenan
5 Appearing Pro Hac Vice

By: Isl Stephen D. Kaus
Stephen D. Kaus California Bar No. 57454

Brian P. Keenan

6 FOLEY & LARDNER LLP
7 Milwaukee, Wisconsin 53202
Telephone: [phone] Facsimile: 414.297.4900

777 E. Wisconsin Ave.

COOPER, WHITE & COOPER LLP
201 California St., 17th Floor

San Francisco, CA 94111
Telephone: [phone] Facsimile: 415.433.5530

9 bkeenan(£foley.com

dsimon(£foley. com

skaus(£cwc1aw. com

10

11 One Maritime Plaza, Sixth Floor
12 Telephone: [phone]

FOLEY & LARDNER LLP

San Francisco, California 94111

By: Isl John H. Williamson John H. Williamson
Appearing Pro Hac Vice

13 mdelehunt(£foley.com

Facsimile: 415.434.4507

MORRIS, MANNING & MARTIN, LLP
1600 Atlanta Financial Center 3343 Peachtree Road, N.E.
Atlanta, Georgia 30326- 1 044

14 bsymes(£foley.com

15 16 17 18 19

[phone] [phone] iwilliamson(£mmmlaw. com
astarr(£mmmlaw. com

20
21

UNIT ED

IT IS SO ORDERED: Date: October 23, 2009

S

ISTRIC ES D TC AT T

RT U O
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VED APPRO
arilyn H Judge M

23 24 25 26 27 28
COOPER, WHITE & COOPER LLP
ATTORNEYS LAW AT 201 CALIFORNIASTREET SAN FRANCISCO, CA 94111

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F D IS T IC T O R

625404. i

3

STIPULATED REQUEST FOR ORDER CHANGING TIME

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CV 09 1920 MH

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. Patel

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