Lexington Insurance Company v. North American Crane Bureau Group, Inc. et al

Filing 24

ORDER to continue CMC re 23 Stipulation filed by Lexington Insurance Company Initial Case Management Conference set for 8/20/2010 08:30 AM in Courtroom 8, 19th Floor, San Francisco.. Signed by Judge Charles R. Breyer on 6/23/2010. (be, COURT STAFF) (Filed on 6/29/2010)

1 Randolph S. Hicks, Esq. - SBN 83627 David W. Wessel, Esq. - SBN 115222 2 CODDINGTON, HICKS & DANFORTH A Professional Corporation, Lawyers 3 555 Twin Dolphin Drive, Suite 300 Redwood City, California 94065-2133 4 Tel. [phone] Fax.[phone] [e-mail] [e-mail] 6 7 ATTORNEYS FOR Plaintiff Lexington Insurance Company 8 9 10 11 THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION No. C 10-00395 JL STIPULATION TO CONTINUANCE OF CASE MANAGEMENT CONFERENCE AND PROPOSED ORDER

12 LEXINGTON INSURANCE COMPANY 13 14 vs. 15 NORTH AMERICAN CRANE BUREAU GROUP, INC., NORTH AMERICAN 16 CRANE BUREAU, INC., NACB ENVIRONMENTAL HEALTH & 17 SAFETY SERVICES, INC., and BAE SYSTEMS SAN FRANCISCO SHIP 18 REPAIR, INC., 19 20 21 Defendants. / Plaintiff,

The parties of record, plaintiff Lexington Insurance Company, by its attorney, David W.

22 Wessel of Coddington, Hicks & Danforth, and defendant BAE Systems San Francisco Ship Repair, 23 Inc. ("BAE"), by its counsel, Richard P. Edwards of Edwards & Hunter, hereby stipulate and 24 respectfully submit to the Court that the Case Management Conference presently set on July 2, 2010, 25 should be rescheduled for 8:30 a.m. on August 13, 2010, in Courtroom 8 of the United States 26 District Court for the Northern District of California, located at 450 Golden Gate Avenue, San 27 Francisco, California for the following reasons: 28 ////
Stipulation to Continuance of Case Management Conference and Proposed Order Case No. C 10-00395 JL

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1.

David Wessel, Lexington's counsel, has been in contact with attorney William "Randy"

2 Morton of Oakland, California, who has advised Mr. Wessel that he has been contacted by 3 defendants North American Crane Bureau Group, Inc., Northern American Crane Bureau, Inc., and 4 NACB Environmental Health & Safety Services, Inc. ("the NACB defendants"), who have asked 5 him to represent them in this action; Mr. Morton has advised that he has consented to represent the 6 NACB defendants, but he does not yet have a written attorney-client agreement; 7 2. Mr. Morton has also advised that he has not yet seen Lexington's First Amended

8 Complaint, or the insurance policy at issue in this insurance coverage action; 9 3. Mr. Morton said he expects to be able to file an appearance on behalf of the NACB

10 defendants on or before July 23, 2010; and 11 4. As a consequence, counsel for Lexington and BAE obviously have not been able to

12 confer with defendants NACB as required by Federal Rule of Civil Procedure 26 and by this Court's 13 Standing Order on the contents of Joint Case Management Statement, or about an alternative dispute 14 resolution process. 15 Lexington and BAE stipulate and respectfully submit that the Court should require that the

16 Joint Case Management Conference Statement, the parties' Rule 26(f) Report, the ADR 17 Certification, and the Stipulation to ADR Process or Notice of Need for ADR Phone Conference be 18 filed with the Court not less than seven days before the new date of the Initial Case Management 19 Conference. 20 Dated: June 23, 2010 21 22 23 24 25 Dated: June 23, 2010 26 27 28
CODDINGTON, HICKS & DANFORTH A Professional Corp., Lawyers 555 Twin Dolphin Drive, #300 Redwood City, CA 94065 [phone]

CODDINGTON, HICKS & DANFORTH

By: /s/ David W. Wessel Attorneys for Plaintiff Lexington Insurance Company EDWARDS & HUNTER By: /s/ Richard P. Edwards Attorneys for Defendant BAE Systems San Francisco Ship Repair, Inc.
Stipulation to Continuance of Case Management Conference and Proposed Order Case No. C 10-00395 JL

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*I hereby attest that I have on file all holograph signatures for any signatures indicated by

2 a "conformed" signature(s) within this e-file document. 3 4 5 [PROPOSED] ORDER

IT IS HEREBY ORDERED that the Case Management Conference presently scheduled 20 6 for July 2, 2010, is rescheduled for 8:30 a.m. on August 13, 2010, in Courtroom 8 of the United 7 States District Court for the Northern District of California located at 450 Golden Gate Avenue, San 8 Francisco, California. The parties' Joint Case Management Conference Statement, Federal Rule of 9 Civil Procedure Rule 26(f) Report, ADR Certification, and Stipulation to ADR Process or Notice 10 of Need for ADR Phone Conference shall all be filed no less than seven days before the date of the 11 Case Management Conference. 12
June 23, 2010

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CODDINGTON, HICKS & DANFORTH A Professional Corp., Lawyers 555 Twin Dolphin Drive, #300 Redwood City, CA 94065 [phone]

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Stipulation to Continuance of Case Management Conference and Proposed Order Case No. C 10-00395 JL

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