Steadfast Insurance Company v. Probuilders Special Insurance Company et al

Filing 18

STIPULATION AND ORDER that the last date to complete the mediation pursuant to the ENE is extended to April 16, 2010.. Signed by Judge Samuel Conti on 2/19/10. (tdm, COURT STAFF) (Filed on 2/19/2010)

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Ramiro Morales ­ 167947 William C. Reeves - 183878 MORALES FIERRO & REEVES 2300 Contra Costa Blvd., Suite 310 Pleasant Hill, CA 94523 Telephone: [phone] Facsimile: 925/288-1856 Attorneys for Plaintiff

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA STEADFAST INSURANCE COMPANY Plaintiff, vs. PROBUILDERS SPECIAL INSURANCE COMPANY RRG, ET AL. Defendants. ) ) ) ) ) ) ) ) ) ) ) Case No.: CV09-04098 SC STIPULATION TO EXTEND THE DEADLINE TO COMPLETE EARLY NEUTRAL EVALUATION AND ORDER THEREON

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The remaining parties to this case (Plaintiff Steadfast Insurance Company and Defendant American Safety Indemnity Company) stipulate and agree as follows: WHEREAS, this matter is an insurance dispute between insurers involving settled and resolved underlying construction defect matters in which Defendant disclaimed coverage; WHEREAS, the parties agreed to participate in a mediation conducted in connection with an Early Neutral Evaluation ("ENE"); WHEREAS, the Court selected Wayne Lamprey as the mediator; WHEREAS, the Court set a deadline of March 2, 2010 to complete the mediation; WHEREAS, a key issue in dispute is the interpretation of one or more provisions included in the policies defendant issued; WHEREAS, defendant is involved in an unrelated separate matter pending in the United States District Court, Eastern District of California styled PMA Capital Ins. Co. v. American safety Indemnity Co., Eastern District Case No. 2:08-cv-02258 JAM DAD ("PMA matter") in which the 1
STIPULATION Case No.: CV09-04098 SC

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same policy language is in dispute in connection with another construction defect matter; WHEREAS, the parties in the PMA matter recently filed Cross-Motions for summary judgment seeking a ruling regarding the interpretation of the subject policy language; WHEREAS, a hearing date for this motion is set for March 3, 2010; WHEREAS, it is believed that the Court in PMA will issue a rule at or shortly after this hearing date; WHEREAS, the parties believe the outcome of the motion filed in the PMA matter will be helpful in any resolution of this case; WHEREAS, the parties participated in a conference call with Wayne Lamprey on February 17, 2010 to discuss the scheduling of a mediation in this matter; WHEREAS, although the parties scheduled a mediation for March 2, 2010, it was agreed by all counsel (including Attorney Lamprey) that it was reasonable to seek an extension of this mediation based, in part, on the potential benefit of a ruling in the PMA matter; WHEREAS, this Court has not yet issued a Scheduling Order regarding any dates in this case given that the parties recently completed law and motion proceedings as to plaintiff's motion to remand; WHEREFORE, the parties request that the deadline for completing the mediation pursuant to the ENE be extend up to forty-five (45) days. IT IS SO AGREED Dated: February 18, 2010 MORALES FIERRO & REEVES

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STIPULATION

/s/ William C. Reeves William C. Reeves Attorneys for Plaintiff

Case No.: CV09-04098 SC

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Dated: February 18, 2010 BLAU AND ASSOCIATES

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/s/ David S. Blau David S. Blau Attorneys for Defendant American safety Indemnity Co.

The Court, the Honorable Samuel Conti presiding, having considered the stipulation of the parties and good cause appearing, orders as follows: The last date to complete the mediation pursuant to the ENE is extended to

April 16, 2010
IT IS SO ORDERED

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2/19/10
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Case No.: CV09-04098 SC