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

Filing 40

STIPULATION AND ORDER TO CONTINUE MOTION TO STAY PROCEEDINGS AND/OR DISMISS COMPLAINT AND THE CORRESPONDING BRIEFING DEADLINES; THE HEARING ON PLAINTIFF'S MOTION TO REMAND AND CONTINUE CASE MANAGEMENT CONFERENCE. Case Management Conference set f or 6/20/2013 10:00 AM; Motion to Stay/Dismiss and Motion to Remand Hearing set for 5/30/2013 01:30 PM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg.Signed by Judge Richard Seeborg on 3/26/13. (cl, COURT STAFF) (Filed on 3/26/2013)

1 John W. Hurney (SBN 161617)

[e-mail]

2 Roxborough, Pomerance, Nye & Adreani LLP

5820 Canoga Avenue

3 Woodland Hills, California 91367

Telephone: [phone]

4 Facsimile: [phone]

5 Attorneys for Plaintiff Shook & Waller

Construction, Inc.

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Elizabeth R. Toben (SBN 266844)

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Nicholas P. Crowell (Pro Hac Vice)

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Sidley Austin LLP

9 555 California Street, Suite 2000

San Francisco, California 94104

10 Telephone: [phone]

Facsimile: [phone]

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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 (1)
DEFENDANTS NATIONAL UNION
FIRE INSURANCE COMPANY OF
PITTSBURGH, PA. AND CHARTIS
INC.’S MOTION TO STAY
PROCEEDINGS AND/OR DISMISS
COMPLAINT (DOCKET NO. 33) AND
THE CORRESPONDING BRIEFING
DEADLINES; (2) THE HEARING ON
PLAINTIFF’S MOTION TO REMAND
(DOCKET NO. 25); AND (3) FRCP
RULE 16 CASE MANAGEMENT
CONFERENCE 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

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Pittsburgh, Pa. (“National Union”) and Chartis Inc. (the “AIG Defendants”) have

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filed a motion for an order to stay and/or dismiss the complaint (the “Complaint”)

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which is set for hearing on April 25, 2013 (Docket No. 33);

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WHEREAS, Plaintiff Shook & Waller has filed a motion to remand

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which has been fully briefed and is set for hearing on April 25, 2012 (Docket No.

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25);

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3.

WHEREAS, the parties have agreed that to avoid unnecessary litigation

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costs and the waste of judicial resources, it is desirous to continue the Case

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Management Conference and the accompanying FRCP Rule 26(f) deadlines to the

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first day (21) days after the date the motions are set for hearing, as the motions

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could obviate the need for any such conference or to the next most convenient date

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for the court, as well as all dates related thereto;

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4.

WHEREAS, the Plaintiff and AIG Defendants have agreed to continue

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the April 25, 2013 hearing on the motion to stay/dismiss (docket No. 33) thirty days,

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as well as the related opposition and filing deadlines, so that resources can be put

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toward settlement rather than litigation fees;

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5.

WHEREAS, all of the parties have agreed to continue the fully briefed

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motion to remand (docket No. 25) so that its hearing coincides with the motion to

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stay/dismiss;

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IT IS HEREBY STIPULATED AND AGREED by these Parties that they

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jointly request the Court continue the hearing and filing deadlines as follows, or to

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the next most convenient date for the court:

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Motion to Stay/Dismiss- Docket No. 33

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Hearing Date Continued to:

May 30, 2013 at 1:30 p.m. in Courtroom 3

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Opposition Deadline:

21 Days before Hearing Date (May 9, 2013)

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Reply Deadline:

14 Days before Hearing Date (May 16, 2013)
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STIPULATION AND PROPOSED ORDER TO CONTINUE MOTION TO STAY PROCEEDINGS TO
PERMIT FURTHER SETTLEMENT DISCUSSIONS; HEARING ON MOTION TO REMAND; AND
CASE MANAGEMENT CONFERENCE; CASE NO. 3:12-CV-06148-RS

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Motion to Remand- Docket No. 25 (already fully briefed)

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Hearing Date Continued to:

May 30, 2013 at 1:30 p.m. in Courtroom 3

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Case Management Conference
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The Case Management Conference and the accompanying FRCP Rule 26(f)
deadlines to the first day (21) days from the May 30, 2013 hearing to June 20, 2013
at 10:00 a.m. or to the next most convenient date for the court.

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Dated: March 25, 2013

SIDLEY AUSTIN LLP

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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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Dated: March 25, 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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Dated: March 25, 2013

SEVERSON & WERSON APC

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By:

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Attorneys for Defendant Wells Fargo
Insurance Services USA, INC.

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_/s/ Susan M. Keeney__________
Susan M. Keeney

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STIPULATION AND PROPOSED ORDER TO CONTINUE MOTION TO STAY PROCEEDINGS TO
PERMIT FURTHER SETTLEMENT DISCUSSIONS; HEARING ON MOTION TO REMAND; AND
CASE MANAGEMENT CONFERENCE; CASE NO. 3:12-CV-06148-RS

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IT IS SO ORDERED:
Motion to Stay/Dismiss- Docket No. 33
The hearing on the motion of Defendants National Union Fire Insurance

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Company of Pittsburgh, Pa. (“National Union”) and Chartis Inc. (the “AIG

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Defendants”) for an order to stay and/or dismiss the complaint (Docket No. 33),

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which is set for hearing on April 25, 2013, is continued by stipulation of the parties
to May 30, 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.
Motion to Remand- Docket No. 25 (already fully briefed)
The hearing on the motion of Plaintiffs to remand Docket No. 25), which is
already fully briefed, is continued by stipulation of the parties to be heard concurrent
with the motion to Stay/Dismiss.

Case Management Conference
The Case Management Conference is continued to June 20, 2013 [or
___________________, 2013 at 10:00 a.m. in Courtroom 3 on the 17th Floor of the
United States Courthouse, 450 Golden Gate Avenue, San Francisco. The
accompanying deadlines set by FRCP Rule 26(f) are continued and now correspond
to this case management date. The parties shall file a Joint Case Management
Statement at least one week prior to the Conference. See Standing Order Re: Initial
Case Management (available at http://www.cand.uscourts.gov/pages/424). Parties
or counsel may appear personally or file a request to appear by telephone. If any
party files such a request, the Case Management Conference shall be moved to
11:00 a.m.

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STIPULATION AND PROPOSED ORDER TO CONTINUE MOTION TO STAY PROCEEDINGS TO
PERMIT FURTHER SETTLEMENT DISCUSSIONS; HEARING ON MOTION TO REMAND; AND
CASE MANAGEMENT CONFERENCE; CASE NO. 3:12-CV-06148-RS

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All parties shall appear telephonically and must contact Court Conference at
866/582-6878 at least one week prior to the Conference.

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Dated: 3/26/13
__________________________________
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; HEARING ON MOTION TO REMAND; AND
CASE MANAGEMENT CONFERENCE; CASE NO. 3:12-CV-06148-RS