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

Filing 63

STIPULATION AND ORDER Extending Mediation Deadline; Setting Deadline for Initial Disclosures by New Party; and Continuing Case Management Conference. Case Management Statement due by 1/16/2015. Case Management Conference set for 1/23/2015 10:00 AM in Courtroom 1, 17th Floor, San Francisco. Signed by Judge Samuel Conti on 08/13/2014. (tmi, COURT STAFF) (Filed on 8/13/2014)

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Brandt L. Wolkin, Esq., SBN 112220
Dawn A. Silberstein, Esq., SBN 167936
Jennifer L. Elowsky, Esq., SBN 230739
WOLKIN · CURRAN, LLP
555 Montgomery Street, Suite 1100
San Francisco, California 94111
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Plaintiff,
NAVIGATORS SPECIALTY INSURANCE COMPANY

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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NAVIGATORS SPECIALTY INSURANCE
COMPANY,

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Plaintiff,
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vs.
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Case No. 3:13-cv-03499 SC
STIPULATION AND [PROPOSED]
ORDER: (1) EXTENDING DEADLINE
FOR MEDIATION; (2) SETTING
DEADLINE FOR INITIAL DISCLOSURE
BY NEW PARTY; AND (3) CONTINUING
CASE MANAGEMENT CONFERENCE

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ST. PAUL SURPLUS LINES INSURANCE
COMPANY, LIBERTY SURPLUS INSURANCE
CORPORATION, TRAVELERS PROPERTY
CASUALTY COMPANY OF AMERICA,
NORTH AMERICAN CAPACITY INSURANCE
COMPANY. and DOES 1 through 100, inclusive,

IT IS SO ORDERED AS MODIFIED

Defendants.

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

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Case Management Order on November 8, 2013. At that time, the parties contemplated the

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completion of mediation by April 15, 2014 and the completion of discovery and motion practice in

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May and June.

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Subsequent to those dates being set, Plaintiff, NAVIGATORS SPECIALTY INSURANCE

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COMPANY (“NSIC”), reached a settlement of the underlying actions, on behalf of its insured,

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McDevitt & McDevitt. NSIC thereafter filed an amended complaint adding claims for
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STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINES
AND CONTINUING CASE MANAGEMENT CONFERENCE

CASE NO. 3:13-CV-03499 SC

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reimbursement of the underlying settlement costs and also added TRAVELERS PROPERTY

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CASUALTY COMPANY OF AMERICA (“Travelers”) as a new party to the action. As a result, the

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parties stipulated to an order continuing the deadline to complete mediation from April 15, 2014 to

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July 31, 2014, and continuing the case management conference from June 6, 2014 to August 22,

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2014. The order approving the above stipulation was filed on April 16, 2014.

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In the interim, NSIC filed a Third Amended Complaint naming NORTH AMERICAN

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CAPACITY INSURANCE COMPANY (“NAC”) as a new defendant in the action. NAC filed its

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answer and appeared in the action on July 25, 2014. However, NAC has not yet been able to comply

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with its initial disclosure obligations as set forth in Local Rule 16-9 and FRCP 26, and the parties

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have not been able to schedule the mediation or complete their discovery and motion practice in the

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absence of all of the parties.

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In light of the above, the parties hereby stipulate to the following revised deadlines:

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NAC’s Initial Disclosure Deadline:

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The deadline for NAC to comply with its initial disclosure obligations is extended to August

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15, 2014, with its production of documents due September 5, 2014.

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Mediation Deadline:

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Private mediation will be completed by December 24, 2014.

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Disclosure of Expert Witnesses:

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Expert witness information will be exchanged in accordance with Federal Rules of Civil

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Procedure Rule 26(a)(2)(D), within 90 days of the date set for trial. Rebuttal designation, if any, will

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be exchanged within 30 days from the initial disclosure of expert witness information.

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Proposed Changes in Limits of Discovery:

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Any proposed changes regarding the limits of discovery will be completed by October 13,

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2014.

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Pre-Trial Motions:

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Dispositive and non-dispositive pre-trial motions, exclusive of motions in limine or other trial

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motions, will be filed no later than 60 days before trial.

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2.
STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINES
AND CONTINUING CASE MANAGEMENT CONFERENCE

CASE NO. 3:13-CV-03499 SC

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Trial:

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The parties propose that a trial date, to be convenient with the Court and all counsel and

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parties’ calendars, be set no earlier than April 30, 2015.

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Further Case Management Conference:

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The Further Case Management Conference is continued to January 16, 2015 at 10:00 a.m. in

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Courtroom 1, 17th Floor, San Francisco. The further Case Management Conference Statement is due
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January 9, 2015.

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Dated:

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August 12, 2014

WOLKIN • CURRAN, LLP

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/s/ Dawn A. Silberstein

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By:
Brandt L. Wolkin
Dawn A. Silberstein
Jennifer L. Elowsky

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Attorneys for Plaintiff,
NAVIGATORS SPECIALTY
INSURANCE COMPANY

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Dated:

August 12, 2014

THE AGUILERA LAW GROUP

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/s/ Thomas V. Perea

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By:
Thomas V. Perea

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Attorneys for Defendants,
ST. PAUL SURPLUS LINES
INSURANCE COMPANY and TRAVELERS
PROPERTY CASUALTY COMPANY OF
AMERICA

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3.

STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINES
AND CONTINUING CASE MANAGEMENT CONFERENCE

CASE NO. 3:13-CV-03499 SC

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Dated:

August 12, 2014

MCCORMICK BARSTOW, LLP

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/s/ Timothy Sullivan

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By:
Patrick Fredette
Timothy Sullivan

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Attorneys for Defendant,
LIBERTY SURPLUS INSURANCE
CORPORATION

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Dated:

August 12, 2014

GRIMM, VRANJES & GREER LLP

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/s/ Matthew Morache

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By:
Mark Vranjes
Matthew Morache

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Attorneys for Defendant,
NORTH AMERICAN CAPACITY
INSURANCE COMPANY

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STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINES
AND CONTINUING CASE MANAGEMENT CONFERENCE

CASE NO. 3:13-CV-03499 SC

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[PROPOSED] ORDER

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The parties’ stipulation is adopted and IT IS SO ORDERED.AS MODIFIED.

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Dated: 08/13/2013

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______________________________________

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The Honorable Senior Judge Samuel Conti,

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United States District Court, Northern District of California

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1.
[PROPOSED] ORDER EXTENDING DEADLINES AND CONTINUING CASE MANAGEMENT
CONFERENCE

CASE NO: 3:13-CV-03499 SC