Navigators Specialty Insurance Company v. St Paul Surplus Lines Insurance et al

Filing 46

STIPULATION AND ORDER Extending Deadline for Mediation and Continuing Case Management Conference. Case Management Statement due by 8/15/2014. Case Management Conference set for 8/22/2014 10:00 AM in Courtroom 1, 17th Floor, San Francisco. Signed by Judge Samuel Conti on 04/16/2014. (tmi, COURT STAFF) (Filed on 4/16/2014)

1 McCormick, Barstow, Sheppard,
Wayte & Carruth LLP
2 Patrick Fredette, #207284
[e-mail]
3 Timothy R. Sullivan, #128467
[e-mail]
4 7647 North Fresno Street
Fresno, California 93720
5 Telephone:
[phone]
Facsimile:
[phone]
6
Attorneys for Defendant
7 Liberty Surplus Insurance Corporation
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION

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11 NAVIGATORS SPECIALTY INSURANCE
COMPANY,
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Plaintiff,
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v.
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ST. PAUL SURPLUS LINES INSURANCE
15 COMPANY, LIBERTY SURPLUS
INSURANCE CORPORATION, and DOES 1
16 through 100, inclusive,
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Case No. 3:13-CV-03499-SC
STIPULATION AND [PROPOSED]
ORDER EXTENDING DEADLINE FOR
MEDIATION

Defendants.

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Pursuant to Local Rule 16-9, the parties met and conferred and submitted a Proposed Joint

20 Case Management Order on or about November 8, 2013. At that time, the parties contemplated the
21 completion of mediation by April 15, 2014. Subsequent to those dates being set, Plaintiff,
22 NAVIGATORS SPECIALTY INSURANCE COMPANY (“NSIC”) reached a settlement of the
23 underlying actions, on behalf of its insured, McDevitt & McDevitt. NSIC thereafter sought to file an
24 amended complaint to add, inter alia, claims for reimbursement of the underlying settlement costs and
25 also added a new party to this action. The attempt to amend the complaint resulted in motion practice.
26 The First Amended Complaint was filed in this action, pursuant to consent of all counsel, on March
27 13, 2014. The new defendant, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA
28 (“Travelers”) filed an Answer jointly with Defendant ST. PAUL SURPLUS LINES INSURANCE
MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
7647 NORTH FRESNO STREET
FRESNO, CA 93720

3:13-CV-03499-SC
STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINE FOR MEDIATION

1 COMPANY on March 31, 2014. NSIC stipulated that Defendant LIBERTY SURPLUS INSURANCE
2 CORPORATION (“LSIC”) would have until April 15, 2014 to file its responsive pleading. The
3 parties have agreed on a mediator, but due to lack of mutually agreeable dates for mediation,
4 mediation will not be completed until July 2014 at the earliest. No trial date has been set in this matter
5 and the Court has not entered a Case Management Order.
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In light of the above, the parties herein stipulate to amend the following deadlines:

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Mediation Deadline

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Private mediation will be completed by July 31, 2014.

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Further Case Management Conference

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The Further Case Management Conference set for June 6, 2014, is continued to August 22,

11 2014, at 10:00 a.m. in Courtroom 1, 17th Floor, San Francisco. The Further Case Management
12 Conference Statement is due August 15, 2014.
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IT IS SO STIPULATED.

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15 Dated: April 15, 2014

WOLKIN • CURRAN, LLP

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By: /s/ Brandt L. Wolkin_____________________
Brandt L. Wolkin
Jennifer L. Elowsky
Attorneys for Plaintiff,
NAVIGATORS SPECIALTY
INSURANCE COMPANY

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MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
7647 NORTH FRESNO STREET
FRESNO, CA 93720

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STIPULATION AND ORDER EXTENDING DEADLINE FOR MEDIATION

3:13-CV-03499-SC

1 Dated: April 15, 2014

THE AGUILERA LAW GROUP

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By: /s/ Thomas V. Perea_____________________
Thomas V. Perea
Attorneys for Defendant,
ST. PAUL SURPLUS LINES
INSURANCE COMPANY

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Dated: April __, 2014

MCCORMICK BARSTOW, LLP

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By: /s/ Patrick Fredette_______________________
Patrick Fredette
Timothy Sullivan
Attorneys for Defendant,
LIBERTY SURPLUS INSURANCE
CORPORATION

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[PROPOSED] ORDER
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The parties’ stipulation is adopted and IT IS SO ORDERED.
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Dated: April __, 2014

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Judge S

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nti

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FO

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R NIA

The Honorable Senior Judge Samuel Conti,
United States District Court, Northern District of California

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N

D IS T IC T
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MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
7647 NORTH FRESNO STREET
FRESNO, CA 93720

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STIPULATION AND ORDER EXTENDING DEADLINE FOR MEDIATION

3:13-CV-03499-SC