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

Filing 7

ORDER CONTINUING CASE MANAGEMENT CONFERENCE re 6 Proposed Order filed by Lexington Insurance Company. Signed by Judge James Larson on 4/15/10. (jlsec, COURT STAFF) (Filed on 4/15/2010)

Case3:10-cv-00395-JL Document6

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1 Randolph S. Hicks, Esq. - SBN 83627 Sarvenaz J. Fahimi, Esq. - SBN 226148 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] 6 ATTORNEYS FOR Plaintiff Lexington Insurance Company 7 8 9 10 THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION No. C 10-00395 JL REQUEST OF LEXINGTON INSURANCE COMPANY FOR ORDER CHANGING TIME PURSUANT TO L.R. 6-2 AND 7-12

11 LEXINGTON INSURANCE COMPANY 12 13 vs. 14 NORTH AMERICAN CRANE BUREAU GROUP, INC. NORTH AMERICAN 15 CRANE BUREAU, INC., NACB ENVIRONMENTAL HEALTH & 16 SAFETY SERVICES, INC., HENELI SAAFI, AKATA SAAFI, BAE SYSTEMS 17 SAN FRANCISCO SHIP REPAIR, INC., 18 19 20 21 22 23 24 25 26 27 28 Defendants. / Plaintiff,

WHEREAS plaintiff Lexington Insurance Company (hereinafter "Lexington") filed its original Complaint in this case on January 27, 2010. WHEREAS Lexington thereafter promptly informed defendants of the filing of the Complaint and requested that defendants' counsel accept service of the Complaint. WHEREAS Lexington learned after filing the Complaint and before serving the Complaint, that one of the plaintiffs in the underlying litigation and a named defendant in the instant declaratory relief action, had reached a settlement with the defendants in the underlying litigation and Lexington's insureds. The settlement was only recently finalized. ///
Request of Lexington Insurance Company for Order Changing Time Pursuant to L.R. 6-2 and 7-12
Case No. C 10-00395 JL

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WHEREAS after filing the Complaint for declaratory relief and prior to serving the Complaint,

2 Lexington was informed that the remaining plaintiff in the underlying litigation, BAE Systems, and 3 defendant herein, filed a motion for leave to file a First Amended Complaint. The motion was set 4 for hearing on April 6, 2010 and was only recently granted by the Court. The Amended Complaint 5 is in the process of being served and a response to that Amended Complaint will be filed by the 6 remaining defendants in the underlying litigation. The Amended Complaint adds allegations that 7 are material and relevant to the coverage issues herein. 8 WHEREAS the amendment of the underlying Complaint and settlement of certain claims in

9 the underlying action directly impact Lexington's coverage action and require Lexington to amend 10 its Complaint. Lexington, therefore, seeks leave of this Court to continue certain dates based upon 11 its need to file an Amended Complaint. 12 WHEREAS no prior time modifications have been requested by Lexington or granted by the

13 Court. The requested time modifications would not unfairly prejudice any parties or cause a grave 14 delay in the schedule of this case. 15 WHEREAS it is in the interests of judicial economy to allow Lexington to serve its Amended

16 Complaint under Federal Rule of Civil Procedure 15(a) and continue dates based upon such 17 amendment allowed once by course. Lexington will file and serve its Amended Complaint on or 18 before April 22, 2010. 19 Lexington respectfully moves the Court, unilaterally, as no other party has been served,

20 pursuant to Local Rules 6-2 and 7-12, for an order extending the time for the following: 21 22 23 24 25 26 / / / 27 / / / 28 / / /
CODDINGTON, HICKS & DANFORTH A Professional Corp., Lawyers 555 Twin Dolphin Drive, #300 Redwood City, CA 94065 [phone]

The last day to meet and confer re: initial disclosures, early settlement, ADR process selection, and discovery plan; file ADR certification; file either Stipulation to ADR Process or Notice of Need for ADR Phone Conference from current date of April 14, 2010 to June 7, 2010. The last day to file Rule 26(f) Report, complete initial disclosures or state objection in Rule 26(f) Report and file Case Management Statement per Standing Order re Contents of Joint Case Management Statement from current date of April 28, 2010 to June 17, 2010

Request of Lexington Insurance Company for Order Changing Time Pursuant to L.R. 6-2 and 7-12
Case No. C 10-00395 JL

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Initial Case Management Conference from current date of May 5, 2010 to June 23, 2010, or another date available with the Court following the schedule of events. Respectfully submitted, Dated: April 14, 2010 CODDINGTON, HICKS & DANFORTH

By:

/s/ Sarvenaz J. Fahimi Attorneys for Plaintiff Lexington Insurance Company

PURSUANT TO REQUEST, IT IS SO ORDERED.

A _ i __ ____ 12 Dated:___pr_l_15,_2010 _____

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

Magistrate Judge James Larson

Request of Lexington Insurance Company for Order Changing Time Pursuant to L.R. 6-2 and 7-12
Case No. C 10-00395 JL

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