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

Filing 9

JOINT STIPULATION AND ORDER TO RELATE CASES C 11-4956 RS, C 11-4957 RS, C 11-4958 RS, C 11-5759 MEJ, C 11-5760 EDL, C 11-5761 DMR AND ESTABLISHING BRIEFING SCHEDULE AND HEARING DATE RELATING TO DEFENDANTS' MOTIONS TO DISMISS AND MOTIONS TO STRIKE. Signed by Judge Richard Seeborg on 12/7/11. (cl, COURT STAFF) (Filed on 12/7/2011)

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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.,

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CASE NO. 3:11-cv-04956-RS

Plaintiffs,

JOINT STIPULATION (1) TO RELATE
CASES PURSUANT TO CIVIL L.R. 3-12,
AND (2) FOR ORDER ESTABLISHING
BRIEFING SCHEDULE AND HEARING
DATE RELATING TO DEFENDANTS’
MOTIONS TO DISMISS AND MOTIONS
TO STRIKE

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

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MICHAEL ALVARADO, et al.,
Plaintiffs,

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

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

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

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WILLIAM JAMISON, et al.,

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

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

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

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Defendants.
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HENRY JAMES ANDERSON, et al.
Plaintiffs,

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

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

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CASE NO. 4:11-cv-5761-DMR

v.
CERTAIN UNDERWRITERS AT LLOYD'S
UNDER POLICY NO.
B0146LDUSA0701030 and DOES 1 through
100, inclusive,
Defendants.
-2JOINT STIPULATION (1) TO RELATE CASES PURSUANT TO L.R. 3-12, AND (2) FOR AN ORDER ESTABLISHING
BRIEFING SCHEDULE AND HEARING DATE FOR DEFENDANTS’ MOTIONS TO DISMISS AND STRIKE
3:11-cv-04956-RS
SF/2635722v1

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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;

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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;

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Plaintiffs Wood River Capital Resources, LLC, et al., Case Number 3:11-cv-05759-MEJ,

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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-EDL, by and

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through their counsel of record, Richard S. Miller, Esq. from the Law Offices of Richard S.

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Miller;

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Plaintiffs Roseville Capital Resources, LLC, et al., Case Number 4:11-cv-5761-DMR, by

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and through their counsel of record, Troy A. Thielemann, Esq. from Cappello & Noel LLP; 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-MEJ; 3:11-cv-5760-EDL; and 4:11-cv-5761-DMR, by

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and through its counsel of record, Michael L. Fox, Esq. of Sedgwick LLP, hereby stipulate as

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follows:

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The three actions filed by Plaintiffs William Ambrosio, et al., Michael Alvarado, et al.,

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and William Jamison, et al. (collectively “the Related Cases”) have been deemed related and are

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pending before the Honorable Richard Seeborg because all three concern substantially the same

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parties, events and request for relief, so assignment to separate judges would have involved

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unnecessary duplication of labor, cost and conflicting results. (ECF No. 13 in Case No. 3:11-cv-

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04956-RS.)

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Similarly, the three actions filed by Plaintiffs Wood River Capital Resources, LLC, et al.,

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Henry James Anderson, et al., and Roseville Capital Resources, LLC, et al. (collectively “the

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New Cases”) were removed to the Northern District of California on November 30, 2011. All

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

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three of the New Cases concern substantially the same parties, events and request for relief as

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each of the other New Cases and the Related Cases. Therefore, assignment to separate judges

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would involve unnecessary duplication of labor, cost and 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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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, and those motions are currently set for hearing on January 5, 2012, at 1:30 p.m. (ECF No.

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15 in Case No. 3:11-cv-04956-RS.) Brit anticipates filing similar motions in the New Cases no

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later than December 7, 2011.

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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, and to

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establish a revised briefing schedule relating thereto, including the filing of coordinated and/or

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joint opposition papers by Plaintiffs, to the extent possible, in order to eliminate unnecessary

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duplication of labor and cost. The Court previously modified the briefing schedule and hearing

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date in the Related Cases (ECF No. 15 in Case No. 3:11-cv-04956-RS), but further modification

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should have no effect on the schedule for the cases.

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

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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 Motions to Strike in the

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New Cases no later than December 7, 2011; (2) the hearing for the Motions to Dismiss and the

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Motions to Strike filed in the six 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 2, 2011

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”)

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SEDGWICK LLP

DATED: December 2, 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 2, 2011

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

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Hornstein Law Offices

DATED: December 2, 2011

Law Offices of Jeffrey A. Feldman

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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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-5JOINT STIPULATION (1) TO RELATE CASES PURSUANT TO L.R. 3-12, AND (2) FOR AN ORDER ESTABLISHING
BRIEFING SCHEDULE AND HEARING DATE FOR DEFENDANTS’ MOTIONS TO DISMISS AND STRIKE
3:11-cv-04956-RS
SF/2635722v1

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DATED: December 2, 2011

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

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DATED: December 3, 2011

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

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Law Offices of Richard S. Miller

DATED: December 2, 2011

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Cappello & Noel LLP
By: /s/ Troy A. Thielemann
Troy A. Thielemann
Attorneys for Plaintiffs
Roseville Capital Resources, LLC, et al.,
Case No. 4:11-cv-5761-DMR

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PURSUANT TO STIPULATION, IT IS SO ORDERED

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DATED: December ___, 2011
By:

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The Honorable Richard Seeborg
U.S. District Judge, Northern District of California

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