Nationwide Mutual Insurance Company v. Ryan

Filing 64

STIPULATION AND ORDER re 56 STIPULATION WITH PROPOSED ORDER for Referral to Settlement Conference with Magistrate Judge filed by Nationwide Mutual Insurance Company. Signed by Judge Jon S. Tigar on March 7, 2014. (wsn, COURT STAFF) (Filed on 3/7/2014)

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1 2 3 4 5 6 JOHN T. BURNITE (State Bar No. 162223) WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP 525 Market Street, 17th Floor San Francisco, California 94105 Telephone: (415) 433-0990 Facsimile: (415) 434-1370 Attorneys for Counter-Defendant, NATIONWIDE MUTUAL INSURANCE COMPANY 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 NATIONWIDE MUTUAL INSURANCE COMPANY, Plaintiff, v. DONALD V. RYAN, an individual, and DOES 1 THROUGH 10, DONALD V. RYAN, BARBARA RYAN, 18 19 20 21 STIPULATED REQUEST FOR REFERRAL TO SETTLEMENT CONFERENCE WITH MAGISTRATE JUDGE; [PROPOSED] ORDER [ADR L.R. 7-2] Defendants. 16 17 Case No. 3:12-CV-05000-JST Counter-Claimants, v. NATIONWIDE MUTUAL INSURANCE COMPANY, and DOES 1 through 50, inclusive, 22 Counter-Defendants. 23 24 25 26 27 28 1139255v.1 -1STIPULATED REQUEST FOR REFERRAL TO SETTLEMENT CONFERENCE Case No. 3:12-CV-05000-JST 1 Plaintiff/Counter-Defendant Nationwide Mutual Insurance Company (“Nationwide”) and 2 Defendant/Counter-Claimant Donald V. Ryan (“Defendant”) and Plaintiff/Counter-Defendant 3 (collectively, the “Parties”) stipulate to, and respectfully request, a referral to a settlement 4 conference under Local Rule, ADR Rule 7.2. 5 6 7 8 An early mediation of the matter was not successful. The parties have subsequently conducted extensive discovery. The Parties agree that a Settlement Conference is advisable at this time, in advance of the April 28, 2014 trial. 9 10 IT IS SO STIPULATED. 11 Dated: March 3, 2014 LAW OFFICE OF JOHN C. McCASLIN 12 By: /s/ John C. McCaslin John C. McCaslin Attorneys for Counter-Defendant/ Counter-Claimants DONALD V. RYAN AND BARBARA RYAN By: 13 /s/ Marcus Daniel Merchasin Marcus Daniel Merchasin Attorneys for Counter-Defendant/ Counter-Claimants DONALD V. RYAN AND BARBARA RYAN 14 15 16 Dated: March 3, 2014 17 18 19 20 21 Dated: March 3, 2014 22 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP By: 23 24 25 /s/ John T. Burnite JOHN T. BURNITE Attorneys for Plaintiff/Counter-Defendant NATIONWIDE MUTUAL INSURANCE COMPANY 26 27 28 1139255v.1 -2STIPULATED REQUEST FOR REFERRAL TO SETTLEMENT CONFERENCE Case No. 3:12-CV-05000-JST 1 Dated: March 3, 2014 2 3 LEWIS BRISBOIS BISGAARD & SMITH LLP By: 4 5 6 /s/ Stephen J. Liberatore Stephen J. Liberatore Julian J. Pardini Attorneys for Plaintiff/Counter-Defendant NATIONWIDE MUTUAL INSURANCE COMPANY 7 8 NO 15 D AS MO RT 16 n S. J u d ge J o ER Ti ga r H 17 18 R NIA 14 ___________________________________ D JONO ORDERE S. TIGAR S DISTRICTD S IT IU.S. IFIE COURT JUDGE FO 7 Dated: March __, 2014 LI 13 TC RT U O 12 E AT T A 11 S 10 This action is referred to Magistrate Judge Spero for a settlement conference on either April 2 or 3. The parties shall contact Judge Spero's courtroom deputy to set a time that IT IS SO ORDERED. is mutually convenient. S DISTRIC UNIT ED 9 [PROPOSED] ORDER N D IS T IC T R OF C 19 20 21 22 23 24 25 26 27 28 1139255v.1 -3STIPULATED REQUEST FOR REFERRAL TO SETTLEMENT CONFERENCE Case No. 3:12-CV-05000-JST

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