Connolly et al v. Travelers Property Casualty Company of America

Filing 45

ORDER GRANTING MOTION TO SET ASIDE CLERK'S ENTRY OF DEFAULT, GRANTING CONTINUANCE AND VACATING HEARING [re 39 Notice (Other), filed by Insurance Management Corporation, Carolyn Kelley-Burns]. AMENDED CASE MANAGEMENT SCHEDULING ORDER: Mot ions terminated: 37 MOTION to Set Aside Default filed by Insurance Management Corporation, Carolyn Kelley-Burns. Discovery due by 5/28/2013. Jury Trial set for 10/15/2013 07:30 AM in Courtroom 8, 19th Floor, San Francisco before Hon. William Alsup. Motions due by 6/27/2013. Pretrial Conference set for 10/7/2013 02:00 PM in Courtroom 8, 19th Floor, San Francisco before Hon. William Alsup. Signed by Judge William Alsup on 11/29/2012. (whasec, COURT STAFF) (Filed on 11/30/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California

United States District Court

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PETER CONNOLLY AND DEBORAH
CONNOLLY, Husband and Wife,

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Plaintiffs,

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No. C 11-04726 WHA
v.

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ORDER GRANTING MOTION
TO SET ASIDE CLERK’S
ENTRY OF DEFAULT,
GRANTING CONTINUANCE
AND VACATING HEARING

TRAVELERS PROPERTY CASUALTY
COMPANY OF AMERICA, CAROLYN
KELLEY-BURNS, INSURANCE
MANAGEMENT CORPORATION,
AND DOES 1-98, INCLUSIVE,
Defendants.

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/

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In this insurance-coverage dispute, defendants Carolyn Kelley-Burns and Insurance

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Management Corporation move to set aside entry of default. Defendants were not named in

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this action initially. Defendants were added as parties in the first amended complaint filed on

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April 2012. Defendants were properly served and no responsive pleading was filed. As a result,

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plaintiffs moved for default and the Clerk of the Court entered default on October 2012.

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The only other named defendant in this action, Travelers Property Casualty Company of

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America, was dismissed in September 2012.

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Plaintiffs Peter and Deborah Connolly do not oppose this motion provided that the

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currently scheduled trial and discovery dates are continued. Because plaintiffs do not oppose

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this motion, defendants’ motion to set aside the Clerk’s entry of default is GRANTED.

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Plaintiffs’ request for continuance of the trial is GRANTED, as set forth below. The hearing

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scheduled for December 20, 2012, is VACATED. The amended dates are as followed:

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1.

The non-expert discovery cut-off date shall be MAY 28, 2013.

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2.

The expert discovery cut-off date shall be JULY 2, 2013.

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3.

The last date to file dispositive motions shall be JUNE 27, 2013.

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4.

The FINAL PRETRIAL CONFERENCE shall be at 2:00 P.M on

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OCTOBER 7, 2013.
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A JURY TRIAL shall begin on OCTOBER 15, 2013, at 7:30 A.M.

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IT IS SO ORDERED.

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For the Northern District of California

United States District Court

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Dated: November 29, 2012.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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