Shook & Waller Construction, Inc. v. National Union Fire Insurance Company of Pittsburgh, PA et al
Filing
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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)
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.
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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
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Attorneys for Defendants National Union
12 Fire Insurance Company of Pittsburgh, Pa.,
and Chartis Inc.
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UNITED STATED DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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17 SHOOK & WALLER
CONSTRUCTION, INC.
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Plaintiffs,
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v.
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NATIONAL UNION FIRE
21 INSURANCE COMPANY OF
PITTSBURGH, PA, et al.
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Defendants.
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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
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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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IT IS STIPULATED BY AND BETWEEN THE PARTIES THAT:
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1.
WHEREAS, Defendants National Union Fire Insurance Company of Pittsburgh,
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Pa. (“National Union”) and Chartis Inc. (the “AIG Defendants”) have filed a motion for an order
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to stay and/or dismiss the complaint (the “Complaint”) which is set for hearing on March 21,
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2013;
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2.
WHEREAS, the Plaintiff and AIG Defendants are currently engaged in settlement
discussions, which potentially could result in the resolution of this action;
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3.
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March 21, 2013;
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4.
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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
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the Court continue the hearing and filing deadlines as follows, or to the next most convenient date
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for the court:
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Hearing Date Continued to:
April 25, 2013 at 1:30 p.m. in Courtroom 3
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Opposition Deadline:
21 Days before Hearing Date (April 4, 2013)
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Reply Deadline:
14 Days before Hearing Date (April 11, 2013)
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SIDLEY AUSTIN LLP
Dated: February 13, 2013
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By:
/s/ Nicholas P. Crowell___________
Nicholas P. Crowell
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Attorneys for Defendants National Union Fire Ins.
Co. of Pittsburgh, Pa. and Chartis Inc.
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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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Dated: February 13, 2013
ROXBOROUGH, POMERANCE, NYE & ADREANI
LLP
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By:
/s/ John W. Hurney
John W. Hurney
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Attorneys for Plaintiff Shook & Waller
Construction, Inc.
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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.
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Dated: 2/15/13
__________________________________
THE HON. RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE
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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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