L&M Ventures LLC et al v. Travelers Casualty & Surety Company of America et al

Filing 29

ORDER extending ADR deadline (tf, COURT STAFF) (Filed on 12/6/2011)

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Mark G. Lerner, Esq. (SBN 105966)
[e-mail]
John C. Scholz, Esq. (SBN 196054)
[e-mail]
LERNER & McDONALD
5 Hutton Centre Drive, Suite 1025
Santa Ana, California 92707
[phone]

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Attorneys for Plaintiffs
L&M VENTURES, LLC,
STUART LERNER, and
BLUE CHIP III, LLC

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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L&M VENTURES, LLC, a California Limited
Liability Company; STUART LERNER, an
individual; and BLUE CHIP III, LLC, a
Mississippi Limited Liability Company,

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Plaintiffs,
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vs.
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TRAVELERS CASUALTY & SURETY
COMPANY OF AMERICA, a Connecticut
Corporation; LIPSCOMB & PITTS
INSURANCE AGENCY, LLC, a Delaware
Limited Liability Company; and DOES 1 to
500, inclusive,

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Defendants.

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STIPULATION AND [PROPOSED]
ORDER TO EXTEND ADR
COMPLETION

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CASE NO. CV 10 5764 SI

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STIPULATION AND [PROPOSED] ORDER EXTENDING
ADR COMPLETION DATE (CASE NO. CV 10 5764 SI)

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Counsel for Plaintiffs L&M VENTURES, LLC, a California Limited Liability Company,

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STUART LERNER, an individual, and BLUE CHIP III, LLC, (collectively “Plaintiffs”), as well as

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Defendant TRAVELERS CASUALTY & SURETY COMPANY OF AMERICA (“Travelers”) and

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Defendant LIPSCOMB & PITTS INSURANCE AGENCY, LLC (“Lipscomb”) hereby stipulate to

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extend the ADR completion deadline as follows:
1.

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Each of the parties herein have exchanged written discovery and produced substantial

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documentation in response to requests for production. Lipscomb has requested that dates for

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depositions be provided and the parties are in the process of scheduling numerous depositions to take

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place over the next several months. Many, if not most, of the depositions necessary in this case are

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outside the State of California.
2.

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The underlying state court action filed in Cape Girardeau, Missouri (“Missouri Action”)

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named as defendants therein each of the three (3) Plaintiffs, together with other parties. After Plaintiffs,

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in the Missouri Action, filed their Third Amended petition, Travelers has recently agreed to defend

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Lerner in his capacity as an agent of Blue Chip II, LLC and as an agent of Blue Chip Recycling, LLC

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(but not individually or in any other capacity) under a reservation of rights. Plaintiffs’ position is that

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the issues in the Missouri Action may have a significant effect on the issues in the instant action.

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Plaintiffs represent that the parties in the Missouri Action have already been to two (2) different

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mediation sessions and Plaintiffs report that progress has been made toward reaching a settlement.
3.

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The Parties previously agreed to utilize private mediation with JAMS or the equivalent

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with either a private judge or experienced attorney selected by the Parties and that the mediation would

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be completed by November 30, 2011. Due to the failure to complete depositions of key witnesses, the

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Parties agreed that it is premature to have a meaningful mediation on all of the issues. Further,

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Lipscomb believes that Plaintiffs’ damages, if any, are not ascertainable at this time and this suit is

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premature.
4.

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The parties hereto believe that they can complete key depositions and complete a

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meaningful ADR session on or before March 31, 2012.

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STIPULATION AND [PROPOSED] ORDER EXTENDING
ADR COMPLETION DATE (CASE NO. CV 10 5764 SI)

3/31

12/6/11