Shook & Waller Construction, Inc. v. National Union Fire Insurance Company of Pittsburgh, PA et al

Filing 36

STIPULATION AND ORDER RE 35 TO CONTINUE MOTIONS HEARING DATE AND THE CORRESPONDING BRIEFING DEADLINES TO PERMIT FURTHER SETTLEMENT DISCUSSIONS. Motion Hearing set for 4/25/2013 01:30 PM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. Signed by Judge Richard Seeborg on 2/15/13. (cl, COURT STAFF) (Filed on 2/15/2013)

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1 John W. Hurney (SBN 161617) jwh@rpnalaw.com 2 Roxborough, Pomerance, Nye & Adreani LLP 5820 Canoga Avenue 3 Woodland Hills, California 91367 Telephone: (818) 992-9999 4 Facsimile: (818) 992-9991 5 Attorneys for Plaintiff Shook & Waller Construction, Inc. 6 Elizabeth R. Toben (SBN 266844) 7 etoben@sidley.com Nicholas P. Crowell (Pro Hac Vice) 8 ncrowell@Sidley.com Sidley Austin LLP 9 555 California Street, Suite 2000 San Francisco, California 94104 10 Telephone: (415) 772-1200 Facsimile: (415) 772-7400 11 Attorneys for Defendants National Union 12 Fire Insurance Company of Pittsburgh, Pa., and Chartis Inc. 13 14 UNITED STATED DISTRICT COURT 15 NORTHERN DISTRICT OF CALIFORNIA 16 17 SHOOK & WALLER CONSTRUCTION, INC. 18 Plaintiffs, 19 v. 20 NATIONAL UNION FIRE 21 INSURANCE COMPANY OF PITTSBURGH, PA, et al. 22 Defendants. 23 24 25 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 12-cv-06148-RS Hon. Richard Seeborg STIPULATION AND PROPOSED ORDER TO CONTINUE DEFENDANTS NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. AND CHARTIS INC.’S MOTION TO STAY PROCEEDINGS AND/OR DISMISS COMPLAINT AND THE CORRESPONDING BRIEFING DEADLINES TO PERMIT FURTHER SETTLEMENT DISCUSSIONS 26 27 28 STIPULATION AND PROPOSED ORDER TO CONTINUE MOTION TO STAY PROCEEDINGS TO PERMIT FURTHER SETTLEMENT DISCUSSIONS; CASE NO. 3:12-CV-06148-RS 1 IT IS STIPULATED BY AND BETWEEN THE PARTIES THAT: 2 1. WHEREAS, Defendants National Union Fire Insurance Company of Pittsburgh, 3 Pa. (“National Union”) and Chartis Inc. (the “AIG Defendants”) have filed a motion for an order 4 to stay and/or dismiss the complaint (the “Complaint”) which is set for hearing on March 21, 5 2013; 6 7 2. WHEREAS, the Plaintiff and AIG Defendants are currently engaged in settlement discussions, which potentially could result in the resolution of this action; 8 3. 9 March 21, 2013; 10 4. 11 12 WHEREAS, there is also a pending motion to remand the action set for hearing on WHEREAS, the Plaintiff and AIG Defendants have agreed to continue the March 21, 2013 hearing thirty days, as well as the related opposition and filing deadlines; IT IS HEREBY STIPULATED AND AGREED by these Parties that they jointly request 13 the Court continue the hearing and filing deadlines as follows, or to the next most convenient date 14 for the court: 15 Hearing Date Continued to: April 25, 2013 at 1:30 p.m. in Courtroom 3 16 Opposition Deadline: 21 Days before Hearing Date (April 4, 2013) 17 Reply Deadline: 14 Days before Hearing Date (April 11, 2013) 18 SIDLEY AUSTIN LLP Dated: February 13, 2013 19 20 21 By: /s/ Nicholas P. Crowell___________ Nicholas P. Crowell 22 23 Attorneys for Defendants National Union Fire Ins. Co. of Pittsburgh, Pa. and Chartis Inc. 24 25 26 27 28 2 STIPULATION AND PROPOSED ORDER TO CONTINUE MOTION TO STAY PROCEEDINGS TO PERMIT FURTHER SETTLEMENT DISCUSSIONS; CASE NO. 3:12-CV-06148-RS 1 Dated: February 13, 2013 ROXBOROUGH, POMERANCE, NYE & ADREANI LLP 2 3 By: /s/ John W. Hurney John W. Hurney 4 Attorneys for Plaintiff Shook & Waller Construction, Inc. 5 6 7 8 9 10 11 12 13 14 15 IT IS SO ORDERED: The hearing on the motion of Defendants National Union Fire Insurance Company of Pittsburgh, Pa. (“National Union”) and Chartis Inc. (the “AIG Defendants”) for an order to stay and/or dismiss the complaint, which is set for hearing on March 21, 2003, is continued by stipulation of the parties to April 25, 2013 [or ___________________, 2013] at 1:30 p.m. in Courtroom 3 on the 17th Floor of the United States Courthouse, 450 Golden Gate Avenue, San Francisco. The corresponding deadlines for the opposition and reply are continued and linked to the new hearing date, such that the opposition to the motion is due twenty-one (21) days before the hearing date and the reply brief is due fourteen (14) days before the hearing date. 16 17 18 19 Dated: 2/15/13 __________________________________ THE HON. RICHARD SEEBORG UNITED STATES DISTRICT JUDGE 20 21 22 23 24 25 26 27 28 3 STIPULATION AND PROPOSED ORDER TO CONTINUE MOTION TO STAY PROCEEDINGS TO PERMIT FURTHER SETTLEMENT DISCUSSIONS; CASE NO. 3:12-CV-06148-RS

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