American Steel & Stairways, Inc. et al v. Lexington Insurance Company et al

Filing 62

ORDER granting 58 MOTION TO EXTEND DEADLINE FOR COMPLETING MEDIATION filed by American Steel & Stairways, Inc., 59 STIPULATION WITH PROPOSED ORDER to Extend Mediation Deadline; Continue Date of Initial Case Management Confe rence and Withdraw Motion to Extend Deadline for Completing Mediation filed by Insurance Company of the State of Pennsylvania, Lexington Insurance Company. Further Case Management Conference set for 2/22/2013 03:00 PM in Courtroom 10, 19th Floor, San Francisco.. Signed by Judge Susan Illston on 11/21/12. (tfS, COURT STAFF) (Filed on 11/21/2012)

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BRIAN D. HARRISON (SBN 157123)
SEDGWICK LLP
333 Bush Street, 30th Floor
San Francisco, CA 94101-2834
Telephone: [phone]
Facsimile: [phone]
[e-mail]
TRACI M. RIBEIRO (pro hac vice)
SMITA MOKSHAGUNDAM (pro hac vice)
DIANA L. GESEKING (SBN 252860)
SEDGWICK LLP
One North Wacker Drive, Suite 4200
Chicago, IL 60606-2841
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]

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Attorneys for LEXINGTON INSURANCE
COMPANY and THE INSURANCE COMPANY OF THE
STATE OF PENNSYLVANIA

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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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AMERICAN STEEL & STAIRWAYS, INC.; ) Case No. 12 cv 3103 SI
MARTIN VOLLRATH, an individual; and
)
THOMAS VOLLRATH, an individual,
) [The Honorable Susan Illston]
)
Plaintiffs,
) STIPULATION AND [PROPOSED]
) ORDER TO EXTEND MEDIATION
v.
) DEADLINE; CONTINUE DATE OF
)
LEXINGTON INSURANCE COMPANY, a ) INITIAL CASE MANAGEMENT
Delaware corporation; INSURANCE
) CONFERENCE AND WITHDRAW
COMPANY OF THE STATE OF
) MOTION TO EXTEND DEADLINE FOR
PENNSYLVANIA, a Pennsylvania
) COMPLETING MEDIATION
corporation; and DOES 1 through 100,
)
inclusive,
)
)
Defendants.
)
)

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STIPULATION AND [PROPOSED] ORDER TO EXTEND MEDIATION DEADLINE; CONTINUE DATE OF
INITIAL CASE MANAGEMENT CONFERENCE AND WITHDRAW MOTION

CH/426521v1

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Pursuant to Civil Local Rules, 16-2(e), 7-12, 6-1 and 6-2 and ADR Local Rule 6-5 for the

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Northern District of California, Defendants Lexington Insurance Company (“Lexington”) and

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the Insurance Company of the State of Pennsylvania, (“ISOP”) and Plaintiffs American Steel &

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Stairways, Inc., Martin Vollrath and Thomas Vollrath (collectively “Plaintiffs”), collectively the

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“Parties,” by their undersigned attorneys, hereby stipulate and agree as follows:

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WHEREAS, Plaintiffs filed a Complaint in San Mateo County Superior Court on April
16, 2012 and the case was removed to Federal Court on June 15, 2012;
WHEREAS, the Court set the initial case management conference for September 21,
2012 at 2:30 p.m. and then reset the date for September 20, 2012 at 2:30 p.m.;
WHEREAS, the Court ordered this matter to mediation under ADR L.R. 6 on September
4, 2012 directing a presumptive deadline of December 3, 2012;
WHEREAS, on September 10, 2012, the Court, on its own motion, continued the date of
the initial case management conference for November 30, 2012;
WHEREAS, the Court issued its notice of appointment of mediator on October 3, 2012,
appointing Anne Lawlor Goyette as mediator;
WHEREAS, counsel for the Parties conducted their initial telephone conference with the
appointed mediator on November 5, 2012;

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WHEREAS, Plaintiffs need additional time to prepare for the mediation;

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WHEREAS, the mediator has agreed to schedule a mediation of this matter for January

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10, 2013 if the Court grants an extension of the mediation deadline;
WHEREAS, Plaintiffs filed a Motion to Extend Deadline for Completing Mediation on
November 19, 2012 [Dkt. #58];
WHEREAS, pursuant to this Stipulation, Plaintiffs’ Motion to Extend Deadline for
Completing Mediation is moot and Plaintiffs agree to withdraw the motion;

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WHEREAS, the initial case management conference should be conducted after the

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Parties’ mediation to avoid unnecessary expenditure of the Court and Parties’ time and

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resources;

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STIPULATION AND [PROPOSED] ORDER TO EXTEND MEDIATION DEADLINE; CONTINUE DATE OF
INITIAL CASE MANAGEMENT CONFERENCE AND WITHDRAW MOTION
CH/426521v1

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WHEREAS, there has been no prior modification of the mediation deadline or the initial
case management conference date by the Parties;
WHEREAS, none of the Parties will be prejudiced by the modification of the mediation
deadline or the initial case management conference date;

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NOW, THEREFORE, the Parties hereby stipulate to extend the mediation deadline to

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January 31, 2013, to continue the date for the initial case management conference to February 1,

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2013 at 2:30 p.m. or to a date to be scheduled by the Court after the mediation, and to withdraw

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Plaintiffs’ Motion to Extend Deadline for Completing Mediation.

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IT IS SO AGREED AND STIPULATED.

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DATED: November 20, 2012

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SEDGWICK LLP

WILLOUGHBY, STUART & BENING

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By: __/s/_Diana L. Geseking_________
Diana L. Geseking
Traci M. Ribeiro (pro hac vice)
Smita Mokshagundam (pro hac vice)
One North Wacker Drive, Suite 4200
Chicago, IL 60606
Telephone: [phone]
Facsimile: 312-641-9530

By: __/s/_Alexander F. Stuart__________
Alexander F. Stuart
50 W. San Fernando Street, Suite 400
San Jose, CA 95113
Telephone: [phone]
Facsimile: 408-295-6375

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Attorneys for Plaintiffs AMERICAN STEEL
& STAIRWAYS, INC., MARTIN
VOLLRATH and THOMAS VOLLRATH

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Attorneys for Defendants LEXINGTON
INSURANCE COMPANY, INSURANCE
COMPANY OF THE STATE OF
PENNSYLVANIA

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PURSUANT TO STIPULATION, THE COURT HEREBY ORDERS:

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1. The Mediation Deadline is continued to January 31, 2013;

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Feb. 22
2. The Initial Case Management Conference is continued to ________________, 2013;

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3. Plaintiffs’ Motion to Extend Mediation Deadline is withdrawn.

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DATED: ____________
11/21/12

__________________________________
HONORABLE SUSAN ILLSTON
UNITED STATES DISTRICT COURT JUDGE

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STIPULATION AND [PROPOSED] ORDER TO EXTEND MEDIATION DEADLINE; CONTINUE DATE OF
INITIAL CASE MANAGEMENT CONFERENCE AND WITHDRAW MOTION
CH/426521v1

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BRIAN D. HARRISON (SBN 157123)
SEDGWICK LLP
333 Bush Street, 30th Floor
San Francisco, CA 94101-2834
Telephone: [phone]
Facsimile: [phone]
[e-mail]
TRACI M. RIBEIRO (pro hac vice)
SMITA MOKSHAGUNDAM (pro hac vice)
DIANA L. GESEKING (SBN 252860)
SEDGWICK LLP
One North Wacker Drive, Suite 4200
Chicago, IL 60606-2841
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for LEXINGTON INSURANCE
COMPANY and THE INSURANCE COMPANY OF THE
STATE OF PENNSYLVANIA

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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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AMERICAN STEEL & STAIRWAYS, INC.; )
MARTIN VOLLRATH, an individual; and
)
THOMAS VOLLRATH, an individual,
) Case No. 12 cv 3103 SI
)
Plaintiffs,
) [The Honorable Susan Illston]
)
v.
) CERTIFICATE OF SERVICE
)
LEXINGTON INSURANCE COMPANY, a )
Delaware corporation; INSURANCE
)
COMPANY OF THE STATE OF
)
PENNSYLVANIA, a Pennsylvania
)
corporation; and DOES 1 through 100,
)
inclusive,
)
)
Defendants.
)
)

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I am familiar with the United States District Court, Northern District of California’s

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practice for collecting and processing electronic filings. Under that practice, the following

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document was electronically filed with the court on November 20, 2012:
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CERTIFICATE OF SERVICE

CH/426526v1

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STIPULATION AND [PROPOSED] ORDER TO EXTEND MEDIATION
DEADLINE; CONTINUE DATE OF INITIAL CASE MANAGEMENT
CONFERENCE AND WITHDRAW MOTION TO EXTEND DEADLINE
FOR COMPLETING MEDIATION

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The Court’s CM/ECF system will generate a Notice of Electronic Filing (NEF) to the

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filing party, the assigned judge, and any registered users in the case. The NEF will constitute

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service of the document(s). Registration as a CM/ECF user constitutes consent to electronic

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service through the Court’s transmission facilities. Under said practice, the following CM/ECF

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users were served:

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1.

Alexander F. Stuart
WILLOUGHBY, STUART & BENING
50 W. San Fernando Street, Suite 400
San Jose, CA 95113
Telephone: [phone]
Facsimile: 408-295-6375
[e-mail]

COUNSEL FOR PLAINTIFFS AMERICAN
STEEL & STAIRWAYS, INC., MARTIN
VOLLRATH and THOMAS VOLLRATH

I declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct.
Executed on November 20, 2012, at Chicago, Illinois.

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__/s/ Diana L. Geseking_____
Diana L. Geseking

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CERTIFICATE OF SERVICE
CH/426526v1