Ching et al v. State Farm Mutual Automobile Insurance Company

Filing 56

STIPULATION ON BRIEFING SCHEDULE AND ORDER THEREON. Defendant's motion shall be filed no later than June 25, 2010. Plaintiff's opposition and any cross-motion shall be filed no later than July 16, 2010. Defendant's reply and oppositi on to cross-motion shall be filed no later than August 6, 2010. Plaintiff's reply shall be filed no later than August 20, 2010. The hearing on the motions shall be conducted on September 10, 2010. The Further Case Management is continued from August 13, 2010 to October 29, 2010; a Joint Case Management Statement shall be filed no later than October 22, 2010. Signed by Judge Maxine M. Chesney on May 25, 2010. (mmclc1, COURT STAFF) (Filed on 5/25/2010)

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1 2 3 4 5 6 7 8 9 10 SEDGWICK, DETERT, MORAN & ARNOLD LLP KEVIN J. DUNNE Bar No. 40030 LAURA L. GOODMAN Bar No. 142689 ANDREW J. KING Bar No. 253962 One Market Plaza Steuart Tower, 8th Floor San Francisco, California 94105 Telephone: (415) 781-7900 Facsimile: (415) 781-2635 Attorneys for Defendant STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY KABATECK BROWN KELLNER LLP BRIAN S. KABATECK, SBN 152054 RICHARD L. KELLNER, SBN 171416 NIALL G. YAMANE, SBN 127899 MICHAEL V. STORTI, SBN 260215 644 South Figueroa Street Los Angeles, California 90017 Telephone: (213) 217-5000 Facsimile: (213) 217-5010 Attorneys for Plaintiff ARTURO CHING UNITED STATES DISTRICT COURT 11 NORTHERN DISTRICT OF CALIFORNIA 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SF/1697336v1 ARTURO CHING, an individual, on behalf of himself and all others similarly situated, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY; and DOES 1 through 10 inclusive, Defendants. CASE NO. CV 09 2613 MMC STIPULATION ON BRIEFING SCHEDULE AND [PROPOSED] ORDER THEREON Hon. Maxine M. Chesney -1CASE NO. CV 09 2613 MMC STIPULATION ON BRIEFING SCHEDULE AND [PROPOSED] ORDER THEREON 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/1697336v1 TO THE COURT, AND ALL PARTIES AND THEIR ATTORNEYS OF RECORD: THIS STIPULATION is entered into by and between plaintiff Arturo Ching ("Plaintiff") and State Farm Mutual Automobile Insurance Company ("Defendant"), collectively referred to herein as the "Parties," by and through their attorneys of record. WHEREAS, in its May 7, 2010 Order, the Court afforded Defendant leave to file a second motion for summary judgment; WHEREAS, in its May 7, 2010 Order, the Court continued the further case management conference until August 13, 2010, with a joint case management statement due no later than August 6, 2010; WHEREAS, at the May 7, 2010 hearing on Defendant's first motion for summary judgment, the Court directed the Parties to meet and confer regarding a briefing schedule for the second motion for summary judgment; WHEREAS, the Parties, through their respective counsel have met and conferred and agreed to a briefing schedule; NOW, THEREFORE, pursuant to Local Rules 6-2, 56-1, 7-2, and 7-3, the Parties jointly request and HEREBY STIPULATE that the briefing schedule and hearing date for Defendant's motion for summary judgment is as follows: 1. 2. Defendant will file its motion for summary judgment by June 25, 2010; Plaintiff will file his opposition to Defendant's motion for summary judgment and any cross-motion for summary judgment by July 16, 2010; 3. Defendant will file its reply in support of its motion for summary judgment and opposition to Plaintiff's cross-motion by August 6, 2010; 4. 5. Plaintiff will file his reply in support of his cross-motion by August 20, 2010; The hearing on Defendant's motion for summary judgment and Plaintiff's cross- motion shall be held on August 27, 2010 at 9:00 a.m. The Parties further jointly request and HEREBY STIPULATE that the case management conference dates are continued as follows: /// -2CASE NO. CV 09 2613 MMC STIPULATION ON BRIEFING SCHEDULE AND [PROPOSED] ORDER THEREON 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/1697336v1 1. The further case management conference is continued from August 13, 2010 to August 27, 2010. 2. 2010. IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD: DATED: May 21, 2010 SEDGWICK, DETERT, MORAN & ARNOLD LLP By: /s/ Andrew J. King Andrew J. King Attorneys for Defendant STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY DATED: May 21, 2010 KABATECK BROWN KELLNER LLP The Parties shall file a joint case management statement no later than August 20, By: /s/ Michael V. Storti Michael V. Storti Attorneys for Plaintiff ARTURO CHING [PROPOSED] ORDER Pursuant to the stipulation of the parties, and good cause appearing therefor, , IT IS SO ORDERED. with the exception that the hearing on the motions shall be held on Friday, September 10, 2010, the Further Case Management Conference is continued from August 13, 2010 to October 29, 2010, and the deadline to file a Joint Case Management Statement is October 22, 1010. 2010. DATED: May 25 2010 __, THE HONORABLE MAXINE M. CHESNEY UNITED STATES DISTRICT JUDGE -3CASE NO. CV 09 2613 MMC STIPULATION ON BRIEFING SCHEDULE AND [PROPOSED] ORDER THEREON

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