Beauty Weapons, LLC et al v. Gennaro et al
Filing
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**Filed in wrong case. Please disregard.**
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Mary E. McCutcheon (State Bar No. 099939)
mmccutcheon@fbm.com
C. Brandon Wisoff (State Bar No. 121930)
bwisoff@fbm.com
Tyler C. Gerking (State Bar No. 222088)
tgerking@fbm.com
Richard E. Robinson (State Bar No. 280529)
rrobinson@fbm.com
Farella Braun + Martel LLP
235 Montgomery Street, 17th Floor
San Francisco, California 94104
Telephone: (415) 954-4400
Facsimile: (415) 954-4480
James R. Carroll (pro hac vice)
james.carroll@skadden.com
Skadden, Arps, Slate, Meagher & Flom LLP
One Beacon Street, 31st Floor
Boston, Massachusetts 02108
Telephone: (617) 573-4800
Facsimile: (617) 573-4822
Attorneys for Plaintiff and
Counter-Defendant LIBERTY MUTUAL
INSURANCE COMPANY
Attorneys for Defendant and
Counter-Claimant THE CALIFORNIA
AUTOMOBILE ASSIGNED RISK PLAN
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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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LIBERTY MUTUAL INSURANCE
COMPANY, a Massachusetts
Corporation,
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Plaintiff,
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vs.
THE CALIFORNIA AUTOMOBILE
ASSIGNED RISK PLAN, a program
established under California Insurance
Code section 11620 et seq., and DOES 1
through 20, inclusive,
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Case No. C-11-1419 MMC
STIPULATION AND [PROPOSED]
ORDER TO DEFER DEADLINES TO
IMPLEMENT SETTLEMENT IN
PRINCIPLE
Judge: Hon. Maxine M. Chesney
Dept: Courtroom 7, 19th Floor
Complaint filed: March 24, 2011
Defendants.
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THE CALIFORNIA AUTOMOBILE
ASSIGNED RISK PLAN,
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Counter-Claimant,
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vs.
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LIBERTY MUTUAL INSURANCE
COMPANY, a Massachusetts Corporation,
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Counter-Defendant
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Far e ll a B r a u n & Mar te l L LP
R u ss B uild i n g, 1 7 t h Flo o r
2 3 5 M o nt go me r y S tr e e t
Sa n Fr a n c i sco , C A 9 4 1 0 4
T elep ho n e: ( 4 1 5 ) 9 5 4 -4 4 0 0
STIPULATION AND [PROPOSED] ORDER
TO DEFER DEADLINES TO IMPLEMENT
SETTLEMENT -- Case No. C-11-1419 MMC
25319\3319727.1
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Pursuant to Civil L.R. 6-2, Plaintiff/Counter-Defendant Liberty Mutual Insurance
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Company (“Liberty Mutual”) and Defendant/Counter-Claimant The California Automobile
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Assigned Risk Plan (“CAARP”) respectfully submit this Stipulation And Proposed Order To
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Defer Deadlines To Implement Settlement in Principle.
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WHEREAS, Liberty Mutual filed its Complaint on March 24, 2011 (Docket No. 1);
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CAARP filed its answer and counterclaims on May 20, 2011 (Docket No. 11); and Liberty
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Mutual filed its answer to CAARP's counterclaims on June 10, 2011 (Docket No. 13);
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WHEREAS, Liberty Mutual and CAARP have reached a settlement in principle, subject
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to approval of the CAARP Advisory Committee (which is anticipated, as a subcommittee of the
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CAARP Advisory Committee has approved the settlement in principle) and the completion of a
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mutually acceptable formal settlement agreement;
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WHEREAS, to conserve the Court’s and the parties’ resources, Liberty Mutual and
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CAARP wish to vacate all currently scheduled hearings, conferences and deadlines except for the
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trial date to allow time for CAARP to obtain its Advisory Committee’s approval for the
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settlement and for the parties to prepare and execute a final settlement agreement;
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WHEREAS, CAARP expects that it can convene an Advisory Committee meeting for a
formal vote on the terms of the settlement within several days to one week;
THEREFORE, IT IS HEREBY STIPULATED AND AGREED by the undersigned as
follows:
1. All currently scheduled court hearings and conferences, as well as any outstanding
associated exchange or filing deadlines, shall be vacated, including the:
a. October 25, 2012 hearing before Hon. Jacqueline Scott Corley on
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CAARP’s Motion to Compel Production of Documents and Deposition
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Testimony [Dk. No. 68];
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b. November 16, 2012 hearings before Hon. Maxine M. Chesney on
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CAARP’s Motion to Exclude Proposed Expert Ralph Lombardi [Dk. No.
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101], CAARP’s Motion to Exclude Proposed Expert Paul Hamilton [Dk.
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Farella Braun & Martel LLP
Russ Building, 17th Floor
235 Montgomery Street
San Francisco, CA 94104
Telephone: (415) 954-4400
STIPULATION AND [PROPOSED] ORDER
TO DEFER DEADLINES TO IMPLEMENT
SETTLEMENT -- Case No. C-11-1419 MMC
-2-
25319\3319727.1
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No. 103], CAARP’s Motion for Partial Summary Judgment [Dk. No. 105],
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Liberty Mutual’s Motion for Summary Judgment [Dk. No. 87], and
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Liberty Mutual’s Motion to Exclude Expert Testimonies of Irizarry and
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Cotkin [Dk. No. 107];
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c. November 16, 2012 case management conference before Hon. Maxine M.
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Chesney;
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d. December 11, 2012 pre-trial conference before Hon. Maxine M. Chesney;
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and
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e. All deadlines associated with each of the hearings and conferences set forth
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above;
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2. The trial date of February 4, 2013 shall remain in place pending approval by the
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CAARP Advisory Committee of the settlement in principle and the execution by
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CAARP and Liberty Mutual of a mutually acceptable formal settlement
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agreement;
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3. Should a settlement agreement not be formally approved or fully executed for
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whatever reason, CAARP and Liberty Mutual shall immediately meet and confer
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to agree upon a new schedule for the events described above in Paragraph No. 1
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and propose such schedule to the Court. Any new schedule, if necessary, will be
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Farella Braun & Martel LLP
Russ Building, 17th Floor
235 Montgomery Street
San Francisco, CA 94104
Telephone: (415) 954-4400
STIPULATION AND [PROPOSED] ORDER
TO DEFER DEADLINES TO IMPLEMENT
SETTLEMENT -- Case No. C-11-1419 MMC
-3-
25319\3319727.1
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implemented within such time limits as to preserve the trial date of February 4,
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2013.
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Dated: October 23, 2012
FARELLA BRAUN + MARTEL LLP
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By: /s/ Tyler C. Gerking
Tyler C. Gerking
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Attorneys for Defendant
THE CALIFORNIA AUTOMOBILE
ASSIGNED RISK PLAN
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Dated: October 23, 2012
SKADDEN, ARPS, SLATE, MEAGHER &
FLOM, LLP
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By: /s/ James R. Carroll
James R. Carroll
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Attorneys for Plaintiff
LIBERTY MUTUAL INSURANCE
COMPANY
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ATTESTATION PURSUANT TO CIVIL L.R. 5-1
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I, Tyler C. Gerking, am the ECF User whose ID and password are being used to file this
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Stipulation And Proposed Order. In compliance with Civil L.R. 5-1, I hereby attest that the
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concurrence in the filing of this document has been obtained from each of the signatories. I
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declare under penalty of perjury under the laws of the United States of America that the foregoing
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is true and correct.
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Executed this 23th day of October 2012, at San Francisco, California.
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/s/ Tyler C. Gerking
Tyler C. Gerking
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PURSUANT TO STIPULATION, IT IS SO ORDERED. Further, the parties shall
file, no later than November 16, 2012, a joint status report.
Dated: October 23, 2012
Hon. Maxine M. Chesney
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Farella Braun & Martel LLP
Russ Building, 17th Floor
235 Montgomery Street
San Francisco, CA 94104
Telephone: (415) 954-4400
STIPULATION AND [PROPOSED] ORDER
TO DEFER DEADLINES TO IMPLEMENT
SETTLEMENT -- Case No. C-11-1419 MMC
-4-
25319\3319727.1
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