Sompo Japan Insurance Company of America v. Atain Specialty Insurance Company et al

Filing 12

ORDER granting 10 Request to Allow Telephonic Appearance filed by North American Capacity Insurance Company. Signed by Judge Charles R. Breyer on 1/10/2013. (beS, COURT STAFF) (Filed on 1/10/2013)

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GRIMM, VRANJES & GREER LLP
MARK VRANJES, Esq. (SBN 106447)
E-mail: [e-mail]
MATTHEW MORACHE, Esq. (SBN 216253)
E-mail: [e-mail]
Post Office Box 129012
San Diego, CA 92112-9012
Tel: [phone] Fax: [phone]
Attorneys for Defendant
NORTH AMERICAN CAPACITY INSURANCE
COMPANY

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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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SOMPO JAPAN INSURANCE
COMPANY OF AMERICA, a
corporation,,
Plaintiff,

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v.
ATAIN SPECIALTY INSURANCE
COMPANY, fka USF INSURANCE
COMPANY, a corporation, and
NORTH AMERICAN CAPACITY
INSURANCE COMPANY, a
corporation,,

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Case No.: C 12 6156 CRB
REQUEST TO ALLOW
TELEPHONIC APPEARANCE AT
CASE MANAGEMENT
CONFERENCE; and ORDER
Date: January 11, 2013
Time: 8:30 a.m.
Dept.: Courtroom 6
Judge:
Hon. Charles R. Breyer
Complaint Filed: 12/4/12
Trial Date: None set

Defendants.

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Defendant, NORTH AMERICAN CAPACITY INSURANCE COMPANY (hereinafter “NAC”) hereby

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requests that the court allow NAC’s counsel to appear by telephonic conference call at the Case Management

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Conference currently set for January 11, 2013 at 8:30 a.m. This request is based on the following factors:

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1.

NAC did not receive timely notice of the Case Management Conference. The noticed was

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served only on Co-Defendant, ATAIN SPECIALTY INSURANCE COMPANY, fka USF INSURANCE

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COMPANY on or about December 12, 2012;

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2.

NAC was served with the Complaint on December 18, 2012, at which time NAC received

constructive notice of the CMC hearing;
3.

NAC’s first appearance in this case was January 8, 2013;

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Case No. C 12 6156 JSC
[Proposed] ORDER

4.

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Due to the timing of the service of the Complaint and the date of NAC’s first appearance in this

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matter, NAC was unable to comply with the Civil Local Rules regarding a seven (7) day advanced notice for a

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request for telephonic appearance per Civil Local Rule 16-10.
5.

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Due to the timing of the service of the Complaint and the date of NAC’s first appearance in this

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matter, NAC was unable to comply with the initial disclosures and filing deadline for the Joint Case Management

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Statement per Civil Local Rule 16 and Federal Rule of Civil Procedure 26; and
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The distance and expense of travel from Southern California to the location of the CMC

hearing.
Matthew Morache, Esq. will be available by telephone at the scheduled
appearance time at the following number: [phone], extension 425.

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Dated: January 8, 2013

GRIMM, VRANJES & GREER LLP

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By: Matthew Morache
Mark Vranjes
Matthew Morache
Attorneys for Defendant
NORTH AMERICAN CAPACITY
INSURANCE COMPANY

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W:\Cases\2167557\PLD\ORD\01228135.DOCX

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DATED: January 10, 2013

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IT IS SO ORDERED.
UNIT
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Hon. Charles R. BreyerDERED
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Case No. C 12 6156 JSC
[Proposed] ORDER