Chartis Specialty Insurance Company et al v. United States of America

Filing 108

ORDER DENYING REQUEST re 107 Proposed Order filed by Whittaker Corporation. Signed by Magistrate Judge Maria-Elena James on 11/24/2014. (rmm2S, COURT STAFF) (Filed on 11/24/2014)

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PILLSBURY WINTHROP SHAW PITTMAN LLP
REYNOLD L. SIEMENS #177956
reynold.siemens@pillsbury law .com
MARK E. ELLIOTT #157759
mark.elliott@pillsbury law .com
CAROLINE L. PLANT #247358
[e-mail]
725 South Figueroa Street, Suite 2800
Los Angeles, CA 90017-5406
Telephone: [phone]
Facsimile: [phone]

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AMY E. GAYLORD# 217553
amy .gaylord@pillsburylaw .com
Four Embarcadero Center, Suite 2200
San Francisco, CA 94111-5998
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff
WHITTAKER CORPORATION

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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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CHARTIS SPECIALTY INSURANCE
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COMPANY, an Illinois corporation, for itself)
and as subrogee of Whittaker Corporation;
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and WHITTAKER CORPORATION, a
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Delaware corporation,
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Plaintiff,
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vs.
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UNITED STATES OF AMERICA,
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Defendant.
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Case No. CV-13-01527-EMC
Honorable Edward M. Chen

PLAINTIFF WHITTAKER
CORPORATION'S REQUEST FOR
PERMISSION FOR CLIENT
REPRESENTATIVE TO
PARTICIPATE BY TELEPHONE
AT SETTLEMENT CONFERENCE
AND[PROPOSED]ORDER
Settlement Con f. Date: December 10,
2014
Time: 10:00 a.m.
Magistrate Judge: Hon. Maria-Elena
James

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602405461vl

PLAINTIFF WHmAKER CORPORATION'S REQUEST FOR
PERMISSION FOR CLIENT REPRESENTATIVE TO PARTICIPATE
BY TELEPHONE AT SETTLEMENT CONFERENCE AND
[PROPOSED] ORDER

Case No. CV -13-01527-EMC

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TO JUDGE CHEN AND ALL PARTIES AND THEIR ATTORNEYS OF

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RECORD:
Plaintiff Whittaker Corporation (Whittaker) hereby requests permission ofthe Court

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for its representative, Eric Lardiere, to participate telephonically in the December 10, 2014

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Settlement Conference before Magistrate Judge Maria-Elena James. Good cause exists for

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Whittaker to make this request.

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Mr. Lardiere is the President of Whittaker and is the person at Whittaker responsible

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for, and most familiar with, this litigation. Unfortunately, Mr. Lardiere has had an

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unmovable conflict arise wherein he is obligated to host a company function for

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Whittaker's parent company in the early afternoon on December 10, 2014. Because Mr.

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Lardiere's office is located in Southern California, he cannot attend the Settlement

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Conference in person and participate in his conflicting obligation. However, given Mr.

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Lardiere's involvement in this case to date and the importance to the company ofthis

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settlement conference, it is the company's preference that Mr. Lardiere participate.

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Accordingly, Whittaker respectfully requests leave of Court for Mr. Lardiere to participate

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in the December I 0, 2014 Settlement Conference by telephone.

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Dated: November 21, 2014

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PILLSBURY WINTHROP SHAW PITTMAN LLP
REYNOLD L. SIEMENS
MARK E. ELLIOTT
AMY E. GAYLORD
CAROLINE L. PLANT

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Bv:

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Is/ Mark E. Elliott
Mark E. Elliott
Attorneys for Plaintiff
WHITTAKER CORPORATION

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602405461vl

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PLAINTIFF WHITTAKER CORPORATION'S REQUEST FOR
PERMISSION FOR CLIENT REPRESENTATIVE TO PARTICIPATE
BY TELEPHONE AT SETTLEMENT CONFERENCE AND
[PROPOSED] ORDER
Case No. CV-I3-0I527-EMC

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telephonic participation at the December 10, 2014 Settlement Conference in the above-

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captioned matter by its company representative, Eric Lardiere, IT IS HEREBY ORDERED AS

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FOLLOWS:

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Good cause exists to grant Whittaker's request. Mr. Lardiere may appear telephonically

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at the December 10, 2014 Settlement Conference. Whittaker shall coordinate with Magistrate

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Judge James' clerk to facilitate this telephonic participation.

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DATED: _ _ _ _ _ _ _, 2014

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s

e
lena Jam
Maria-E
Judge

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T
ITHOU
IED W
DEN
DICE
PREJU

Dated:

11/24/2014

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The Honorable Maria-Elena James
Judge ofthe United States Distnct Court
Northern District of California

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Having considered the request submitted by Plaintiff Whittaker Corporation for the

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UNIT
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[PROPOSED] ORDER

C
F
D IS T IC T O
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Plaintiff's request is DENIED without prejudice. Plaintiff may
resubmit their request as a stipulation signed by all parties.
Due to the importance and involvement of the company representative
Mr. Eric Lardiere, the Court believes all must be in agreement to
allow him to appear by telephone at the conference. It is not
clear to the Court whether Mr. Lardiere would only be available
until early afternoon, or whether he would be available the entire
time of the settlement conference. If Mr. Lardiere cannot make
himself available by phone until the end of the settlement
conference then the Court is willing to continue the settlement.
The parties shall advise the Court by calling the Courtroom
Deputy Rose Maher at 415-522-4708 and advise what they wish to do.
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60240546lvl

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PLAINTIFF WHmAKER CORPORATION'S REQUEST FOR
PERMISSION FOR CLIENT REPRESENTATIVE TO PARTICIPATE
BY TELEPHONE AT SETTLEMENT CONFERENCE AND
[PROPOSED] ORDER
Case No. CV-13-01527-EMC