Ambrosio et al v. Certain Underwriters at Lloyd's Under Policy No. B0146LDUSA0701030

Filing 28

JOINT STIPULATION AND ORDER RELATING CASES C 11-04956 RS, C 11-04957 RS, C 11-04958 RS, C 11-05759 RS, C 11-05760 RS, C 11-05761 RS, C 11-6366 LB, C 11-6368 JCS AND ADOPTING THE SAME BRIEFING SCHEDULE AND HEARING DATE FOR ALL OF DEFENDANTS' MOTIONS TO DISMISS AND MOTIONS TO STRIKE. Signed by Judge Richard Seeborg on 12/19/11. (cl, COURT STAFF) (Filed on 12/19/2011) Modified on 12/19/2011 (cl, COURT STAFF).

*E-Filed 12/19/11*
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SEDGWICK LLP
Ralph A. Guirgis (State Bar. No. 143262)
[e-mail]
Michael L. Fox (State Bar No. 173355)
[e-mail]
Jamison R. Narbaitz (State Bar No. 219339)
[e-mail]
333 Bush Street, 30th Floor
San Francisco, CA 94104-2834
Telephone:
415.781.7900
Facsimile:
415.781.2635
Attorneys for Defendant
BRIT UW LIMITED
(sued as “Certain Underwriters at Lloyd’s
Under Policy No. B0146LDUSA701030”)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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WILLIAM AMBROSIO, et al.,
Plaintiffs,

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CASE NO. 3:11-cv-04956-RS
JOINT STIPULATION (1) TO RELATE
CASES PURSUANT TO CIVIL L.R. 3-12,
AND (2) FOR AN ORDER ADOPTING
THE SAME BRIEFING SCHEDULE
AND HEARING DATE FOR ALL OF
DEFENDANTS’ MOTIONS TO DISMISS
AND MOTIONS TO STRIKE

v.
CERTAIN UNDERWRITERS AT LLOYD'S
UNDER POLICY NO.
B0146LDUSA0701030 and DOES 1 through
100, inclusive,

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Defendants.

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CASE NO. 3:11-cv-04957-RS

MICHAEL ALVARADO, et al.,
Plaintiffs,

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v.

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CERTAIN UNDERWRITERS AT
LLOYD’S UNDER POLICY NO.
B0146LDUSA0701030, and DOES 1-100,
inclusive,

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Defendants.

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-1JOINT STIPULATION (1) TO RELATE CASES PURSUANT TO L.R. 3-12; AND (2) FOR AN ORDER ADOPTING SAME
BRIEFING SCHEDULE AND HEARING DATE FOR ALL OF DEFENDANTS’ MOTIONS TO DISMISS AND STRIKE
3:11-cv-04956-RS
SF/2635722v1

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CASE NO. 3:11-cv-04958-RS

WILLIAM JAMISON, et al.,
Plaintiffs,
v.
CERTAIN UNDERWRITERS AT LLOYD'S
UNDER POLICY NO.
B0146LDUSA0701030 and DOES 1 through
100, inclusive,

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Defendants.

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WOOD RIVER CAPITAL RESOURCES,
LLC, et al.,

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Plaintiffs,
v.
CERTAIN UNDERWRITERS AT LLOYD'S
UNDER POLICY NO.
B0146LDUSA0701030 and DOES 1 through
100,
Defendants.

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CASE NO. 3:11-cv-5760-RS

HENRY JAMES ANDERSON, et al.
Plaintiffs,

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CASE NO. 3:11-cv-5759-RS

v.
CERTAIN UNDERWRITERS AT LLOYD'S
UNDER POLICY NO.
B0146LDUSA0701030 and DOES 1 through
100, inclusive,

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Defendants.

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CASE NO. 3:11-cv-5761-RS

ROSEVILLE CAPITAL RESOURCES,
LLC; et al.,
Plaintiffs,

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v.
CERTAIN UNDERWRITERS AT LLOYD'S
UNDER POLICY NO.
B0146LDUSA0701030 and DOES 1 through
100, inclusive,
Defendants.

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-2JOINT STIPULATION (1) TO RELATE CASES PURSUANT TO L.R. 3-12; AND (2) FOR AN ORDER ADOPTING SAME
BRIEFING SCHEDULE AND HEARING DATE FOR ALL OF DEFENDANTS’ MOTIONS TO DISMISS AND STRIKE
3:11-cv-04956-RS
SF/2635722v1

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CASE NO. 4:11-cv-6366-LB

DEAN G. NOWACKI; et al.,
Plaintiffs,
v.
CERTAIN UNDERWRITERS AT LLOYD'S
UNDER POLICY NO.
B0146LDUSA0701030 and DOES 1 through
100, inclusive,

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Defendants.

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OAKDALE HEIGHTS REDDING 1, LLC;
et al.,

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CASE NO. 3:11-cv-6368-JCS

Plaintiffs,
v.
CERTAIN UNDERWRITERS AT LLOYD'S
UNDER POLICY NO.
B0146LDUSA0701030 and DOES 1 through
100, inclusive,
Defendants.

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Plaintiffs William Ambrosio, et al., Case Number 3:11-cv-04956-RS, by and through

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their counsel of record, George Donaldson, Esq. from the Law Office of George Donaldson;

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Plaintiffs Michael Alvarado, et al., Case Number 3:11-cv-04957-RS, by and through their
counsel of record, Jeffrey A. Feldman, Esq. from the Law Offices of Jeffrey A. Feldman;
Plaintiffs William Jamison, et al., Case Number 3:11-cv-04958-RS, by and through their
counsel of record, Val Hornstein, Esq. from the Hornstein Law Offices;
Plaintiffs Wood River Capital Resources, LLC, et al., Case Number 3:11-cv-05759-RS,

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by and through their counsel of record, Jeffery J. Swanson, Esq. from the Law Offices of Jeffery

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J. Swanson;

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Plaintiffs Henry James Anderson, et al., Case Number 3:11-cv-5760-RS, by and through
their counsel of record, Richard S. Miller, Esq. from the Law Offices of Richard S. Miller;
Plaintiffs Roseville Capital Resources, LLC, et al., Case Number 3:11-cv-5761-RS, by
and through their counsel of record, Troy A. Thielemann, Esq. from Cappello & Noel LLP;

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-3JOINT STIPULATION (1) TO RELATE CASES PURSUANT TO L.R. 3-12; AND (2) FOR AN ORDER ADOPTING SAME
BRIEFING SCHEDULE AND HEARING DATE FOR ALL OF DEFENDANTS’ MOTIONS TO DISMISS AND STRIKE
3:11-cv-04956-RS
SF/2635722v1

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Plaintiffs Dean G. Nowacki, et al., Case Number 4:11-cv-6366-LB, presently before the

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Honorable Laurel Beeler, by and through their counsel of record, Patrick L. Deedon, Esq. from

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Maire & Burgess;

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Plaintiffs Oakdale Heights Redding 1, LLC, et al., Case Number 3:11-cv-6368-JCS,

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presently before the Honorable Joseph C. Spero, by and through their counsel of record, Patrick

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L. Deedon, Esq. from Maire & Burgess; and

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Defendant Brit UW Limited (“Brit”), Case Numbers 3:11-cv-04956-RS; 3:11-cv-04957-

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RS; 3:11-cv-04958-RS; 3:11-cv-05759-RS; 3:11-cv-5760-RS; 3:11-cv-5761-RS; 4:11-cv-6366-

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LB; and 3:11-cv-6368-JCS, by and through its counsel of record, Michael L. Fox, Esq. of

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Sedgwick LLP, hereby stipulate as follows:
The six actions filed by Plaintiffs William Ambrosio, et al., Michael Alvarado, et al.,

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William Jamison, et al., Wood River Capital Resources, LLC, et al., Henry James Anderson, et

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al., and Roseville Capital Resources, LLC, et al. (collectively “the Related Cases”) have been

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deemed related and are pending before the Honorable Richard Seeborg because all six concern

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substantially the same parties, events and request for relief, so assignment to separate judges

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would have involved unnecessary duplication of labor, cost and conflicting results. (ECF No. 22

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in Case No. 3:11-cv-04956-RS.)

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Similarly, the two actions filed by Plaintiffs Dean G. Nowacki, et al. and Oakdale Heights

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Redding 1, LLC, et al. (collectively “the New Cases”) were removed to the Northern District of

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California on December 15, 2011. Both of the New Cases concern substantially the same parties,

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events and request for relief as each of the other New Cases and the Related Cases. Therefore,

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assignment to separate judges would involve unnecessary duplication of labor, cost and

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conflicting results.

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Therefore, the parties, by and through their counsel of record, stipulate that the New

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Cases should be related to each other and to the Related Cases, with the earliest filed case,

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pursuant to Civil L.R. 3-12.

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-4JOINT STIPULATION (1) TO RELATE CASES PURSUANT TO L.R. 3-12; AND (2) FOR AN ORDER ADOPTING SAME
BRIEFING SCHEDULE AND HEARING DATE FOR ALL OF DEFENDANTS’ MOTIONS TO DISMISS AND STRIKE
3:11-cv-04956-RS
SF/2635722v1

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Brit has already filed Motions to Dismiss pursuant to Federal Rule of Civil Procedure

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12(b)(6) and Motions to Strike pursuant to Federal Rule of Civil Procedure 12(f) in the Related

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Cases. The Court has already set the following briefing schedule for those motions: (1) the

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hearing on the Motions to Dismiss and the Motions to Strike filed in the six related cases is

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scheduled for February 2, 2012, at 1:30 p.m.; (2) Plaintiffs’ opposition papers to Brit’s motions

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will be due January 3, 2012; and (3) and Brit’s reply papers will be due January 17, 2012. (ECF

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No. 22 in Case No. 3:11-cv-04956-RS.)

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Brit anticipates filing similar Motions to Dismiss and/or Motions to Strike in the New
Cases. Plaintiffs and Brit desire to establish a single hearing date relating to Defendants’

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Motions to Dismiss and Motions to Strike filed in the New Cases and the Related Cases, to allow

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for the filing of coordinated and/or joint opposition papers by Plaintiffs, to the extent possible, in

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order to eliminate unnecessary duplication of labor and cost. If Brit files its motions on or before

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December 20, 2011, the New Cases can adopt the same briefing schedule and hearing date as

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already set in the Related Cases (ECF No. 22 in Case No. 3:11-cv-04956-RS), without any

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modification.

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Therefore, the parties, by and through their counsel of record, further stipulate, subject to

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the Court’s approval, that (1) Brit shall file its Motions to Dismiss and/or Motions to Strike in the

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New Cases no later than December 20, 2011; (2) the hearing for the Motions to Dismiss and the

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Motions to Strike filed in all eight cases will be scheduled for February 2, 2012, at 1:30 p.m.; (3)

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Plaintiffs’ opposition papers to Brit’s motions will be due January 3, 2012; and (4); and Brit’s

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reply papers will be due January 17, 2012.

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IT SO STIPULATED.

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DATED: December 16, 2011

SEDGWICK LLP
By: /s/ Michael L. Fox
Michael L. Fox
Attorneys for Defendant
BRIT UW LIMITED
(sued as “Certain Underwriters at Lloyd’s
Under Policy No. B0146LDUSA701030”)
-5-

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JOINT STIPULATION (1) TO RELATE CASES PURSUANT TO L.R. 3-12; AND (2) FOR AN ORDER ADOPTING SAME
BRIEFING SCHEDULE AND HEARING DATE FOR ALL OF DEFENDANTS’ MOTIONS TO DISMISS AND STRIKE
3:11-cv-04956-RS
SF/2635722v1

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DATED: December 16, 2011

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Law Office of George Donaldson
By: /s/ George Donaldson
George Donaldson
Attorneys for Plaintiffs
William Ambrosio, et al.,
Case No. 3:11-cv-04956-RS

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DATED: December 16, 2011

By: /s/ Jeffrey A. Feldman
Jeffrey A. Feldman
Attorneys for Plaintiffs
Michael Alvarado, et al.,
Case No. 3:11-cv-04957-RS

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Law Offices of Jeffrey A. Feldman

DATED: December 16, 2011

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Hornstein Law Offices
By: /s/ Val Hornstein
Val Hornstein
Attorneys for Plaintiffs
William Jamison, et al.,
Case No. 3:11-cv-04958-RS

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DATED: December 16, 2011

By: /s/ Jeffery J. Swanson
Jeffery J. Swanson
Attorneys for Plaintiffs
Wood River Capital Resources, LLC, et al.,
Case Number 3:11-cv-05759-RS

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Law Offices of Jeffery J. Swanson

DATED: December 16, 2011

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Law Offices of Richard S. Miller
By: /s/ Richard S. Miller
Richard S. Miller
Attorneys for Plaintiffs
Henry James Anderson, et al.,
Case No. 3:11-cv-5760-RS

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DATED: December 16, 2011

Cappello & Noel LLP
By: /s/ Troy A. Thielemann
Troy A. Thielemann
Attorneys for Plaintiffs
Roseville Capital Resources, LLC, et al.,
Case No. 3:11-cv-5761-RS

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-6JOINT STIPULATION (1) TO RELATE CASES PURSUANT TO L.R. 3-12; AND (2) FOR AN ORDER ADOPTING SAME
BRIEFING SCHEDULE AND HEARING DATE FOR ALL OF DEFENDANTS’ MOTIONS TO DISMISS AND STRIKE
3:11-cv-04956-RS
SF/2635722v1

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DATED: December 19, 2011

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Maire & Burgess
By: /s/ Patrick L. Deedon
Patrick L. Deedon
Attorneys for Plaintiffs
Dean G. Nowacki, et al.,
Case No. 4:11-cv-6366-LB

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DATED: December 19, 2011

Maire & Burgess
By: /s/ Patrick L. Deedon
Patrick L. Deedon
Attorneys for Plaintiffs
Oakdale Heights Redding 1, LLC, et al.,
Case No. 3:11-cv-6368-JCS

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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DATED: December ___, 2011
By:
The Honorable Richard Seeborg
U.S. District Judge, Northern District of California

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-7JOINT STIPULATION (1) TO RELATE CASES PURSUANT TO L.R. 3-12; AND (2) FOR AN ORDER ADOPTING SAME
BRIEFING SCHEDULE AND HEARING DATE FOR ALL OF DEFENDANTS’ MOTIONS TO DISMISS AND STRIKE
3:11-cv-04956-RS
SF/2635722v1