Ladrech et al v. First Mercury Insurance Company

Filing 9

STIPULATION AND ORDER TO EXTEND DEADLINE FOR PLAINTIFFS TO FILE MOTION TO REMAND AND TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE PENDING EARLY MEDIATION. Case Management Conference re-set for 11/5/2010 at 01:30 PM in Courtroom A, 15th Floor, San Francisco. Signed, as modified, by Judge Joseph C. Spero on 6/22/10. (klh, COURT STAFF) (Filed on 6/22/2010)

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DANIEL R. MILLER (Bar No. 126893) [e-mail] SIDNEY S. FOHRMAN (Bar No. 237630) [e-mail] ANDREW J. RAMOS [e-mail] MILLER STARR REGALIA A Professional Law Corporation 1331 N. California Blvd., Fifth Floor Post Office Box 8177 Walnut Creek, California 94596 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs MAURICE A. LADRECH, as Trustee on behalf of the Maurice A. Ladrech Revocable Living Trust; NICOLE A. LADRECH, as Trustee on behalf of the Nicole A. Ladrech Trust; ANDRE A. LADRECH, as Trustee on behalf of the Andre A. Ladrech Trust; ERIC E. LADRECH, as Trustee on behalf of the Eric E. Ladrech Trust UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION MAURICE A. LADRECH, as Trustee on behalf of the Maurice A. Ladrech Revocable Living Trust; NICOLE A. LADRECH, as Trustee on behalf of the Nicole A. Ladrech Trust; ANDRE A. LADRECH, as Trustee on behalf of the Andre A. Ladrech Trust; ERIC E. LADRECH, as Trustee on behalf of the Eric E. Ladrech Trust, Plaintiffs, v. FIRST MERCURY INSURANCE COMPANY, and DOES 1 through 100, inclusive, Defendants. No. CV 10 2307 JCS STIPULATION AND PROPOSED ORDER TO EXTEND DEADLINE FOR PLAINTIFFS TO FILE MOTION TO REMAND AND TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE PENDING EARLY MEDIATION

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STIPULATION AND ORDER RE: MOTION TO REMAND AND INITIAL CASE MANAGEMENT CONFERENCE

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STIPULATION OF THE PARTIES 1. Plaintiffs MAURICE A. LADRECH, as Trustee on behalf of the Maurice

A. Ladrech Revocable Living Trust, NICOLE A. LADRECH, as Trustee on behalf of the Nicole A. Ladrech Trust, ANDRE A. LADRECH, as Trustee on behalf of the Andre A. Ladrech Trust, and ERIC C. LADRECH, as Trustee on behalf of the Eric E. Ladrech Trust (collectively, "Plaintiffs") filed Case No. RG 10511573 in the Superior Court of the State of California, County of Alameda, on April 26, 2010, against Defendants FIRST MERCURY INSURANCE COMPANY ("First Mercury") and DOES 1 through 100, inclusive (hereinafter, the "State Court Action"). Plaintiffs and First Mercury are collectively referred to herein as the "Parties." 2. On May 26, 2010, First Mercury filed a Notice and Petition for Removal of

the State Court Action under 28 U.S.C. Section 1441(b) removing the State Court Action to the United States District Court, Northern District of California (Case No. CV 10 2307 JCS). 3. Plaintiffs contend that First Mercury's removal of the State Court Action to

the United States District Court, Northern District of California, is invalid and improper and that the case should be remanded to the Superior Court of the State of California, County of Alameda. First Mercury disputes this contention. 4. Plaintiffs and First Mercury have agreed to participate in an early, private

mediation in an effort to resolve the case. Although Plaintiffs and First Mercury have not yet agreed on a mediation date, Plaintiffs and First Mercury intend on participating in mediation during July 2010 or August 2010. 5. In order to avoid litigation expense, Plaintiffs and First Mercury seek to

extend the current deadlines, as set forth in the Case Management Order, and to extend the date within which Plaintiff may file a motion to remand so that the Parties can focus their efforts to resolve this case through mediation. IT IS HEREBY STIPULATED AND AGREED between the Parties, by and through their respective counsel, that:

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1.

The deadline for Plaintiffs to file a motion to remand this action to the

Superior Court of the State of California, County of Alameda, shall be extended for sixty (60) days, from June 25, 2010 to August 24, 2010; 2. By submitting this Stipulation and Proposed Order to the Court, Plaintiffs

are not submitting to the Court's jurisdiction and are not waiving their right to contest the Court's jurisdiction and/or the venue in this matter; 3. The Initial Case Management Conference, currently set for September 3,

2010, shall be continued for sixty (60) days to allow the Parties to attempt to resolve their dispute via mediation. The Parties agree that all other case deadlines preceding or linked to the date of the Initial Case Management Conference shall be continued for 60 days.

Dated: June 17, 2010

MILLER STARR REGALIA

By: /S/ DANIEL R. MILLER Attorneys for Plaintiffs MAURICE A. LADRECH, as Trustee on behalf of the Maurice A. Ladrech Revocable Living Trust; NICOLE A. LADRECH, as Trustee on behalf of the Nicole A. Ladrech Trust; ANDRE A. LADRECH, as Trustee on behalf of the Andre A. Ladrech Trust; ERIC E. LADRECH, as Trustee on behalf of the Eric E. Ladrech Trust Dated: June 18, 2010 LONG & LEVITT LLP

By: /S/___________________________ DAVID P. BOROVSKY Attorneys for Defendant FIRST MERCURY INSURANCE CO.

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[PROPOSED] ORDER Having considered the Stipulation To Extend Deadline For Plaintiffs To File Motion To Remand And To Continue Initial Case Management Conference Pending Early Mediation (the "Stipulation), and good cause appearing therefore: IT IS HEREBY ORDERED THAT: 1. The deadline for Plaintiffs to file a motion to remand this action to the

Superior Court of the State of California, County of Alameda, shall be extended up to and including August 24, 2010; 2. 5 November 2, 2010; 3. The Initial Case Management Conference is continued 60 days to

All other case deadlines preceding or linked to the date of the Initial Case

Management Conference are continued approximately 60 days, as set forth in the Court's Amended Order setting Initial Case Management Conferences and ADR deadlines; 4. By submitting this Stipulation and Proposed Order to the Court, Plaintiffs

are not submitting to the Court's jurisdiction and are not waiving their right to contest the Court's jurisdiction and/or the venue in this matter;
UNIT ED
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Hon. Joseph C. Spero
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06/22/10 Dated:___________________

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