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

Filing 121

STIPULATION AND ORDER TO DEFER DEADLINES TO IMPLEMENT SETTLEMENT IN PRINCIPLE. All currently scheduled court hearings and conferences, as well as any outstanding associated exchange or filing deadlines, shall be vacated. The trial date of February 4, 2013 shall remain in place. The parties shall file, no later than November 16, 2012, a joint status report. Signed by Judge Maxine M. Chesney on October 23, 2012. (mmclc2, COURT STAFF) (Filed on 10/23/2012)

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Mary E. McCutcheon (State Bar No. 099939)
[e-mail]
C. Brandon Wisoff (State Bar No. 121930)
[e-mail]
Tyler C. Gerking (State Bar No. 222088)
[e-mail]
Richard E. Robinson (State Bar No. 280529)
[e-mail]
Farella Braun + Martel LLP
235 Montgomery Street, 17th Floor
San Francisco, California 94104
Telephone: [phone]
Facsimile: [phone]

James R. Carroll (pro hac vice)
[e-mail]
Skadden, Arps, Slate, Meagher & Flom LLP
One Beacon Street, 31st Floor
Boston, Massachusetts 02108
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff and
Counter-Defendant LIBERTY MUTUAL
INSURANCE COMPANY

Attorneys for Defendant and
Counter-Claimant THE CALIFORNIA
AUTOMOBILE ASSIGNED RISK PLAN

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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LIBERTY MUTUAL INSURANCE
COMPANY, a Massachusetts
Corporation,

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Plaintiff,

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vs.
THE CALIFORNIA AUTOMOBILE
ASSIGNED RISK PLAN, a program
established under California Insurance
Code section 11620 et seq., and DOES 1
through 20, inclusive,

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Case No. C-11-1419 MMC
STIPULATION AND [PROPOSED]
ORDER TO DEFER DEADLINES TO
IMPLEMENT SETTLEMENT IN
PRINCIPLE
Judge: Hon. Maxine M. Chesney
Dept: Courtroom 7, 19th Floor
Complaint filed: March 24, 2011

Defendants.

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THE CALIFORNIA AUTOMOBILE
ASSIGNED RISK PLAN,

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Counter-Claimant,

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vs.

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LIBERTY MUTUAL INSURANCE
COMPANY, a Massachusetts Corporation,

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Counter-Defendant
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Far e ll a B r a u n & Mar te l L LP
R u ss B uild i n g, 1 7 t h Flo o r
2 3 5 M o nt go me r y S tr e e t
Sa n Fr a n c i sco , C A 9 4 1 0 4
T elep ho n e: ( 4 1 5 ) 9 5 4 -4 4 0 0

STIPULATION AND [PROPOSED] ORDER
TO DEFER DEADLINES TO IMPLEMENT
SETTLEMENT -- Case No. C-11-1419 MMC

25319\3319727.1

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Pursuant to Civil L.R. 6-2, Plaintiff/Counter-Defendant Liberty Mutual Insurance

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Company (“Liberty Mutual”) and Defendant/Counter-Claimant The California Automobile

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Assigned Risk Plan (“CAARP”) respectfully submit this Stipulation And Proposed Order To

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Defer Deadlines To Implement Settlement in Principle.

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

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CAARP filed its answer and counterclaims on May 20, 2011 (Docket No. 11); and Liberty

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Mutual filed its answer to CAARP's counterclaims on June 10, 2011 (Docket No. 13);

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WHEREAS, Liberty Mutual and CAARP have reached a settlement in principle, subject

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to approval of the CAARP Advisory Committee (which is anticipated, as a subcommittee of the

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CAARP Advisory Committee has approved the settlement in principle) and the completion of a

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mutually acceptable formal settlement agreement;

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WHEREAS, to conserve the Court’s and the parties’ resources, Liberty Mutual and

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CAARP wish to vacate all currently scheduled hearings, conferences and deadlines except for the

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trial date to allow time for CAARP to obtain its Advisory Committee’s approval for the

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settlement and for the parties to prepare and execute a final settlement agreement;

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WHEREAS, CAARP expects that it can convene an Advisory Committee meeting for a
formal vote on the terms of the settlement within several days to one week;
THEREFORE, IT IS HEREBY STIPULATED AND AGREED by the undersigned as
follows:
1. All currently scheduled court hearings and conferences, as well as any outstanding
associated exchange or filing deadlines, shall be vacated, including the:
a. October 25, 2012 hearing before Hon. Jacqueline Scott Corley on

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CAARP’s Motion to Compel Production of Documents and Deposition

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Testimony [Dk. No. 68];

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b. November 16, 2012 hearings before Hon. Maxine M. Chesney on

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CAARP’s Motion to Exclude Proposed Expert Ralph Lombardi [Dk. No.

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101], CAARP’s Motion to Exclude Proposed Expert Paul Hamilton [Dk.

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Farella Braun & Martel LLP
Russ Building, 17th Floor
235 Montgomery Street
San Francisco, CA 94104
Telephone: [phone]

STIPULATION AND [PROPOSED] ORDER
TO DEFER DEADLINES TO IMPLEMENT
SETTLEMENT -- Case No. C-11-1419 MMC

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25319\3319727.1

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No. 103], CAARP’s Motion for Partial Summary Judgment [Dk. No. 105],

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Liberty Mutual’s Motion for Summary Judgment [Dk. No. 87], and

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Liberty Mutual’s Motion to Exclude Expert Testimonies of Irizarry and

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Cotkin [Dk. No. 107];

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c. November 16, 2012 case management conference before Hon. Maxine M.

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Chesney;

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d. December 11, 2012 pre-trial conference before Hon. Maxine M. Chesney;

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and

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e. All deadlines associated with each of the hearings and conferences set forth

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above;

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2. The trial date of February 4, 2013 shall remain in place pending approval by the

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CAARP Advisory Committee of the settlement in principle and the execution by

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CAARP and Liberty Mutual of a mutually acceptable formal settlement

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agreement;

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3. Should a settlement agreement not be formally approved or fully executed for

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whatever reason, CAARP and Liberty Mutual shall immediately meet and confer

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to agree upon a new schedule for the events described above in Paragraph No. 1

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and propose such schedule to the Court. Any new schedule, if necessary, will be

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Farella Braun & Martel LLP
Russ Building, 17th Floor
235 Montgomery Street
San Francisco, CA 94104
Telephone: [phone]

STIPULATION AND [PROPOSED] ORDER
TO DEFER DEADLINES TO IMPLEMENT
SETTLEMENT -- Case No. C-11-1419 MMC

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25319\3319727.1

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implemented within such time limits as to preserve the trial date of February 4,

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2013.

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Dated: October 23, 2012

FARELLA BRAUN + MARTEL LLP

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By: /s/ Tyler C. Gerking
Tyler C. Gerking

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Attorneys for Defendant
THE CALIFORNIA AUTOMOBILE
ASSIGNED RISK PLAN

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Dated: October 23, 2012

SKADDEN, ARPS, SLATE, MEAGHER &
FLOM, LLP

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By: /s/ James R. Carroll
James R. Carroll

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Attorneys for Plaintiff
LIBERTY MUTUAL INSURANCE
COMPANY

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ATTESTATION PURSUANT TO CIVIL L.R. 5-1

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I, Tyler C. Gerking, am the ECF User whose ID and password are being used to file this

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Stipulation And Proposed Order. In compliance with Civil L.R. 5-1, I hereby attest that the

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concurrence in the filing of this document has been obtained from each of the signatories. I

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declare under penalty of perjury under the laws of the United States of America that the foregoing

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is true and correct.

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Executed this 23th day of October 2012, at San Francisco, California.

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/s/ Tyler C. Gerking
Tyler C. Gerking

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PURSUANT TO STIPULATION, IT IS SO ORDERED. Further, the parties shall
file, no later than November 16, 2012, a joint status report.
Dated: October 23, 2012
Hon. Maxine M. Chesney

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Farella Braun & Martel LLP
Russ Building, 17th Floor
235 Montgomery Street
San Francisco, CA 94104
Telephone: [phone]

STIPULATION AND [PROPOSED] ORDER
TO DEFER DEADLINES TO IMPLEMENT
SETTLEMENT -- Case No. C-11-1419 MMC

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25319\3319727.1