Clarendon America Insurance Company v. Lexington Insurance Company

Filing 34

STIPULATION AND ORDER TO EXTEND THE PERIOD FOR NOTIFYING THE COURT THAT THE AGREED CONSIDERATION FOR THE SETTLEMENT HAS NOT BEEN DELIVERED UNTIL 1/3/12. Signed by Judge Joseph C. Spero on 1/3/12. (klhS, COURT STAFF) (Filed on 1/3/2012)

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Gary R. Selvin, State Bar No. 112030
Norman Lau, State Bar No. 253690
SELVIN WRAITH HALMAN LLP
505 14th Street, Suite 1200
Oakland, CA 94612
Telephone:
[phone]
Facsimile:
[phone]
E-mail: [e-mail]
[e-mail]
Attorneys for Defendant
Lexington Insurance Company

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA – SAN FRANCISCO

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CLARENDON AMERICA INSURANCE
COMPANY,

CASE NO.: 4:11-cv-00327 (JCS)

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JOINT STIPULATION
Plaintiff,

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For all purposes including Trial reassigned to:
Magistrate Hon. Joseph C. Spero, Courtroom A,
15th Floor

v.
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LEXINGTON INSURANCE COMPANY, and
DOES 1-50, inclusive,

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Complaint Filed: November 30, 2010

Defendant.

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Whereas the Court ordered this action dismissed in its entirety with prejudice on September
27, 2001,
Whereas the Court conditioned its order of dismissal by adding that “if any party hereto shall

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certify to this Court, within ninety (90) days, with proof of service of a copy thereon to opposing

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counsel, that the agreed consideration for said settlement has not been delivered over, the foregoing

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Order shall stand vacated and this case shall forthwith be restored to the calendar to be set for trial,”

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Whereas 90 days after September 27, 2011 falls on December 26, 2011, a holiday,

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Whereas Defendant has advised that the agreed consideration for the settlement will not be

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delivered to Plaintiff by December 26, 2011, but shortly thereafter,
Plaintiff and Defendant, by and through their attorneys of record, hereby stipulate to extend
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Joint Stipulation

CASE NO.: 4:11-cv-00327 (JCS)

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the period for notifying the Court that the agreed consideration for the settlement has not been

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delivered until January 3, 2012.

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IT IS SO STIPULATED.
Dated: December 23, 2011

SELVIN WRAITH HALMAN LLP

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By: /s/ Gary R. Selvin
Gary R. Selvin
Norman Lau
Attorneys for Defendant
Lexington Insurance Company

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Dated: December 23, 2011

BOORNAZIAN JENSEN & GARTHE

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By: /s/ see attached signature page
Alan Swerdlow
Mitoshi Fujio-White
Attorneys for Plaintiff
Clarendon America Insurance Company

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Judge Jo

pero

ph C. S

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UNIT
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Dated: Jan. 3, 2012

O ORD
IT IS S

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Joint Stipulation

CASE NO.: 4:11-cv-00327 (JCS)