St. Paul Mercury Insurance Company v. American Safety Indemnity Company et al

Filing 186

ORDER re 185 STIPULATION WITH PROPOSED ORDER TO VACATE TRIAL DATE filed by St. Paul Mercury Insurance Company. Status Report due by 9/30/2015. Status Conference reset for 10/8/2015 10:30 AM in Courtroom 5, 17th Floor, San Francisco before Edward M. Chen. Signed by Judge Edward M. Chen. (bpf, COURT STAFF) (Filed on 9/14/2015)

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THE AGUILERA LAW GROUP, APLC
A. Eric Aguilera (SBN 192390)
Kimberly R. Arnal (SBN 200448)
650 Town Center Drive, Suite 100
Costa Mesa, CA 92626
T: 714.384.6600 / F: 714.384-6601
[e-mail]
[e-mail]
Attorneys for Plaintiff
ST. PAUL MERCURY INSURANCE COMPANY

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA – SAN FRANCISCO DIVISION

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ST. PAUL MERCURY INSURANCE
COMPANY, a Minnesota corporation

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Case No. 3:13-cv-01082 EMC
[Hon. Edward M. Chen]

Plaintiff,

STIPULATION AND [PROPOSED]
ORDER TO VACATE TRIAL DATE

v.

(modified)

AMERICAN SAFETY INDEMNITY
COMPANY, an Oklahoma corporation;
ARCH SPECIALTY INSURANCE
COMPANY, a Nebraska corporation;
FIRST SPECIALTY INSURANCE
CORPORATION, a Missouri
corporation; GOLDEN BEAR
INSURANCE COMPANY, a
California corporation; LAKES AT
FOUNTAINGROVE, LLC, a Delaware
limited liability company;
LEXINGTON INSURANCE
COMPANY, a Delaware corporation;
LIBERTY MUTUAL INSURANCE
COMPANY, a Massachusetts
corporation; MT. HAWLEY
INSURANCE COMPANY, an Illinois
corporation; NATIONAL UNION
FIRE INSURANCE COMPANY OF
PITTSBURGH, PA., a Pennsylvania
corporation; NAUTILUS
INSURANCE COMPANY, an Arizona
corporation; NORTHERN
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CASE NO. 3:13-CV-01082-EMC

STIPULATION AND [PROPOSED] ORDER TO VACATE TRIAL DATE

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INSURANCE COMPANY OF NEW
YORK, a New York corporation;
PROBUILDERS SPECIALTY
INSURANCE COMPANY, RRG, A
RISK RETENTION GROUP, a District
of Colombia corporation; STRS OHIO
CA REAL ESTATE INVESTMENT I,
LLC, a Delaware limited liability
company; TRP-SANTA ROSA 103
LAKES, LLC, a California limited
liability company; ZURICH
AMERICAN INSURANCE
COMPANY, a New York corporation;
and DOES 1-1000, inclusive.
Defendants.

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WHEREAS, Plaintiff St. Paul Mercury Insurance Company (“St. Paul”) has

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dismissed defendants Arch Specialty Insurance Company, American Safety

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Indemnity Company, First Specialty Insurance Corporation, Golden Bear Insurance

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Company, Nautilus Insurance Company, Northern Insurance Company of New York,

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and Zurich American Insurance Company; and

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WHEREAS, Mt. Hawley Insurance Company (“Mt. Hawley”) and Lexington

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Insurance Company (“Lexington”) are the only remaining defendants who have

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appeared in this action who have not been dismissed; and

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WHEREAS, St. Paul and Mt. Hawley have executed an agreement to resolve
their dispute which will become final once the agreement is funded; and

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WHEREAS, St. Paul and Lexington have drafted a proposed settlement

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agreement and anticipate that a settlement agreement will be finalized and funded and

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a Stipulation re Dismissal will be filed in the next 45 days;

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//
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CASE NO. 3:13-CV-01082-EMC

STIPULATION AND [PROPOSED] ORDER TO VACATE TRIAL DATE

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IT IS HEREBY STIPULATED AND AGREED BY AND BETWEEN

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Plaintiff St. Paul and Defendants Mt. Hawley and Lexington, by and through their

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designated counsel, that the current trial date be vacated.

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DATED: September 10, 2015

THE AGUILERA LAW GROUP, APLC

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By:

Kimberly R. Arnal
A. Eric Aguilera
Kimberly R. Arnal
Attorneys for Plaintiff,
ST. PAUL MERCURY INSURANCE GROUP

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DATED: September 10, 2015 SELVIN WRAITH HALMAN LLP

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By:

/s/ Gary R. Selvin (Auth. on 9-10-15)
Gary R. Selvin
Attorneys for Defendant LEXINGTON
INSURANCE COMPANY

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DATED: September 10, 2015 MORISON & PROUGH, LLP

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By:

/s/ Michael Prough (Auth. on 9-2-15)
Michael Prough
Attorneys for Defendant
MT. HAWLEY INSURANCE COMPANY

[PROPOSED] ORDER

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DIFIED

H

ER

. Chen

dward M

LI

RT

Judge E

R NIA

AS MO

FO

NO

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IT

A

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deadline of 9/22/15 is hereby vacated. The Court will consider vacating the
11/16/15 trial upon receipt of
DATED: the 10/13/15 pretrial conference and _____________________________
_______________
a status report re: settlement progress
S DISTRI
TE
Honorable Edward M. Chen CT C
TA
to be filed by 9/30/15. The status
D
conference is reset for 10/8/15 at 10:30 a.m.
RDERE
IS SO O

RT
U
O

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The pretrial filing

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

UNIT
ED

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N

F

C

CASE NO. D IS T RIC T O
3:13-CV-01082-EMC

STIPULATION AND [PROPOSED] ORDER TO VACATE TRIAL DATE

PROOF OF SERVICE

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STATE OF CALIFORNIA, COUNTY OF LOS ANGELES

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I am employed in the County of Los Angeles, State of California. I am over the age
of 18 and not a party to the within action; my business address is 444 S. Flower St.,
Ste. 2300, Los Angeles, California 90071. On September 10, 2015, I served the
documents named below on the parties in this action as follows:

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DOCUMENT(S) SERVED:

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STIPULATION AND [PROPOSED] ORDER\
TO VACATE TRIAL DATE

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SERVED UPON:

SEE ATTACHED SERVICE LIST

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BY U.S. MAIL
*I deposited such envelope in the mail at Los Angeles, California. The envelope
was mailed with postage thereon fully prepaid.
As follows: I am "readily familiar" with the firm's practice of collection and
processing correspondence for mailing. Under the practice it would be deposited with
U.S. postal service on that same day with postage thereon fully prepaid at Los
Angeles, California in the ordinary course of business. I am aware that on motion of
the party served, service is presumed invalid if postal cancellation date or postage
date is more than 1 day after date of deposit for mailing in affidavit.
BY ELECTRONIC SERVICE VIA ECF I transmitted a true copy of the above
entitled document(s) to CM/ECF for filing and service on all parties.
(State) I declare under penalty of perjury under the laws of the State of California
that the above is true and correct.
(Federal) I declare that I am employed in the office of a member of the bar of this
court at whose direction the service was made.
Executed on September 10, 2015 at Los Angeles, California.
______ /s/ Judy Jaramillo_______________

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Judy Jaramillo

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CASE NO. 3:13-CV-01082-EMC

STIPULATION AND [PROPOSED] ORDER TO VACATE TRIAL DATE