Liberty Mutual Insurance Company v. The California Automobile Assigned Risk Plan

Filing 115

STIPULATION AND ORDER REGARDING SCHEDULE. The Case Management Conference Statement is due November 9, 2012. The hearings on the parties' motions for summary judgment and objections to expert witnesses, and the Case Management Conference are scheduled for November 16, 2012. Signed by Judge Maxine M. Chesney on October 16, 2012. (mmclc2, COURT STAFF) (Filed on 10/16/2012)

1 AMY S. PARK (STATE BAR NO. 208204)
SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP
2 525 University Avenue, Suite 1100
Palo Alto, California 94301
3 Telephone: [phone]
Facsimile: [phone]
4 Email: [e-mail]
5 JAMES R. CARROLL (PRO HAC VICE)
SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP
6 One Beacon Street, 31st Floor
Boston, Massachusetts 02108
7 Telephone: [phone]
Facsimile: [phone]
8 Email: [e-mail]
9 Attorneys for Plaintiff and Counter-Defendant
LIBERTY MUTUAL INSURANCE COMPANY
10
UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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LIBERTY MUTUAL INSURANCE
) CASE NO.: 3:11-CV-01419-MMC-JSC
14 COMPANY, a Massachusetts Corporation,
)
)
15
Plaintiff,
)
)
16
v.
)
)
17 THE CALIFORNIA AUTOMOBILE
) STIPULATION AND [PROPOSED]
ASSIGNED RISK PLAN, a program
) ORDER REGARDING SCHEDULING
18 established under California Insurance Code
)
section 11620 et seq., and DOES 1 through 20, ) Judge: Hon. Maxine M. Chesney
19 inclusive,
) Dept: Courtroom 7, 19th Floor
)
20
Defendants.
) Trial Date: February 4, 2013
)
21
)
THE CALIFORNIA AUTOMOBILE
)
22 ASSIGNED RISK PLAN,
)
)
23
Counter-Claimant,
)
)
24
v.
)
)
25 LIBERTY MUTUAL INSURANCE
)
COMPANY, a Massachusetts Corporation,
)
26
)
Counter-Defendant.
)
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)
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STIPULATION AND [PROPOSED]
ORDER REGARDING SCHEDULING

CASE NO.: 3:11-CV-01419-MMC

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STIPULATION AND [PROPOSED] ORDER REGARDING SCHEDULING
Pursuant to Civil L.R. 6-2, Plaintiff/Counter-Defendant Liberty Mutual Insurance Company

3 ("Liberty Mutual") and Defendant/Counter-Claimant The California Automobile Assigned Risk
4 Plan ("CAARP") respectfully submit this Stipulation And Proposed Order Regarding Scheduling .
5

WHEREAS, Liberty Mutual filed its Complaint on March 24, 2011 (Docket No. 1);

6 CAARP filed its answer and counterclaims on May 20, 2011 (Docket No. 11); and Liberty Mutual
7 filed its answer to CAARP's counterclaims on June 10, 2011 (Docket No. 13);
8

WHEREAS, on July 8, 2011, the Court, following a Case Management Conference, made

9 a Minute Entry (Docket No. 19), and on July 14, 2011, the Court entered a Pretrial Preparation
10 Order (Docket No. 22), which incorporated the deadlines set in the Court's Minute Entry;
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WHEREAS, on February 21, 2012, pursuant to the Parties' stipulation, the Court entered

12 an Order Modifying The Case Schedule (Docket No. 43), which modified the dates in the Court’s
13 Pretrial Preparation Order;
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WHEREAS, on July 5, 2012, pursuant to the Parties' stipulation, the Court entered an Order

15 Modifying The Case Schedule (Docket No. 57), which modified the dates in the Court's February
16 21, 2012 Order (Docket No. 43);
17

WHEREAS, on September 5, 2012, CAARP filed a motion to compel certain documents

18 and discovery responses (“CAARP’s Motion to Compel”), the briefing on the motion has been
19 completed, and the motion is set for hearing before Magistrate Judge Jacqueline Scott Corley on
20 October 25, 2012 at 9:00 a.m.
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WHEREAS, on October 1, 2012, Liberty Mutual filed its Motion For Summary Judgment

22 (Docket No. 87) that requested a hearing before the Court on November 9, 2012;
23

WHEREAS, CAARP intends to file its Motion For Summary Judgment on October 12,

24 2012 and to request a hearing on November 16, 2012;
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WHEREAS, the Further Case Status Conference is currently scheduled to take place on

26 October 26, 2012, with the Further Case Status Conference Statement due October 19, 2012;
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STIPULATION AND [PROPOSED]
ORDER REGARDING SCHEDULING

CASE NO.: 3:11-CV-01419-MMC

1

WHEREAS, Objections To Experts designated by both CAARP and Liberty Mutual are

2 due October 12, 2012;
3

WHEREAS, counsel for Liberty Mutual and CAARP have conferred and agreed upon the

4 modifications to the schedule, subject to Court approval;
5

WHEREAS, the proposed modifications to the schedule will serve the interest of judicial

6 efficiency by avoiding the need to have multiple hearings;
7

WHEREAS, the proposed modifications to the schedule will not affect the date for Trial

8 currently scheduled to begin February 4, 2012;
9

THEREFORE, IT IS HEREBY STIPULATED AND AGREED by the undersigned as

10 follows:
a.

HEARING currently set before Magistrate Judge Corley on CAARP’s Motion
to Compel for October 25, 2012 shall take place as scheduled

b.

Further Case Management Conference Statement due November 9, 2012

c.

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MEET and CONFER between parties (Civil L.R. 16-10(B)(5)) to take place
November 13, 2012

d.

HEARING to take place November 16, 2012 regarding the following matters:

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1. Liberty Mutual's and CAARP's Summary Judgment Motions

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2. Further Case Management Conference

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3. Objections To Expert Witnesses

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20 DATED: October 12, 2012
SKADDEN, ARPS, SLATE, MEAGHER & FLOM, LLP

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By:

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/s/ James R. Carroll
JAMES R. CARROLL
Attorney for Plaintiff/Counter-Defendant
LIBERTY MUTUAL INSURANCE COMPANY

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STIPULATION AND [PROPOSED]
ORDER REGARDING SCHEDULING

CASE NO.: 3:11-CV-01419-MMC

1 DATED: October 12, 2012
2

FARELLA, BRAUN & MARTEL LLP

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By:

/s/ Tyler C. Gerking
TYLER C. GERKING
Attorney for Defendant/Counter-Claimant THE
CALIFORNIA AUTOMOBILE ASSIGNED RISK PLAN

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ATTESTATION PURSUANT TO CIVIL L.R. 5-1
I, James R. Carroll, am the ECF User whose ID and password are being used to file this

9 Stipulation And Proposed Order. In compliance with Civil L.R. 5-1, I hereby attest that the
10 concurrence in the filing of this document has been obtained from each of the signatories. I declare
11 under penalty of perjury under the laws of the United States of America that the foregoing is true
12 and correct.
13

Executed this 12th day of October 2012, at Boston, Massachusetts.

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By:

15

/s/ James R. Carroll
JAMES R. CARROLL

16 PURSUANT TO STIPULATION, IT IS SO ORDERED,
17 DATED: October 16 2012
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18
By:

19

Hon. Maxine M. Chesney

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STIPULATION AND [PROPOSED]
ORDER REGARDING SCHEDULING

CASE NO.: 3:11-CV-01419-MMC