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

Filing 68

STIPULATION AND ORDER Exending Deadline for Private Mediation and Continuing Case Management Conference as MODIFIED. Case Management Statement due by 2/13/2015. Case Management Conference set for 2/20/2015 10:00 AM in Courtroom 1, 17th Floor, San Francisco. Signed by Judge Samuel Conti on 10/27/2014. (tmi, COURT STAFF) (Filed on 10/27/2014)

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
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION

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11 NAVIGATORS SPECIALTY INSURANCE
COMPANY,
12
Plaintiff,
13
v.
14
ST. PAUL SURPLUS LINES INSURANCE
15 COMPANY, LIBERTY SURPLUS
INSURANCE CORPORATION,
16 TRAVELERS PROPERTY CASUALTY
COMPANY OF AMERICA, NORTH
17 AMERICAN CAPACITY INSURANCE
COMPANY, and DOES 1 through 100,
18 inclusive,
19

Case No. 3:13-CV-03499-SC
MODIFIED
STIPULATION AND [PROPOSED]
ORDER: (1) EXTENDING DEADLINE
FOR PRIVATE MEDIATION; AND
(2) CONTINUING CASE MANAGEMENT
CONFERENCE

Defendants.
IT

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21

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

22 Case Management Order on November 8, 2013. After the dates therein were proposed, Plaintiff,
23 NAVIGATORS SPECIALTY INSURANCE COMPANY (“NSIC”), reached a settlement of the
24 underlying actions on behalf of its insured, McDevitt & McDevitt. NSIC thereafter filed an amended
25 complaint adding claims for reimbursement for the underlying settlement costs and also added
26 TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA as a new party to the action.
27 NSIC later filed a Third Amended Complaint naming NORTH AMERICAN CAPACITY
28 INSURANCE COMPANY as a new defendant in the action. Despite diligent efforts, the parties have
MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
7647 NORTH FRESNO STREET
FRESNO, CA 93720

3:13-CV-03499-SC
STIPULATION AND ORDER: (1) EXTENDING DEADLINE FOR PRIVATE MEDIATION;
AND (2) CONTINUING CASE MANAGEMENT CONFERENCE

1 been unable to schedule private mediation on a date when all parties and their counsel could attend
2 and that was available on the mediator’s schedule prior to the December 24, 2014 deadline.
3

The parties have all agreed on a mediator (Kenneth Gibbs). The parties and their counsel have

4 further agreed to participate, in person, in the mediation on January 29, 2015, at Mr. Gibbs’ office in
5 Los Angeles. Based on the foregoing, the parties, through their counsel, stipulate and request that the
6 court extend the deadline to complete private mediation and the date for the Further Case Management
7 Conference as follows:
8

Mediation Deadline:

9

The parties stipulate that the deadline to complete private mediation, currently set for

10 December 24, 2014, be extended to January 31, 2015.
11

Further Case Management Conference:

The parties stipulate that the Further Case Management Conference currently set for January
20
13 23, 2015, be continued to February 13, 2015 at 10:00 a.m. in Courtroom 1, 17th Floor, San Francisco,
13
14 and that the Further Case Management Conference Statement be due February 6, 2015.
12

15
16 Dated: October 23, 2014

WOLKIN CURRAN, LLP

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/s/ Brandt L. Wolkin
Brandt L. Wolkin
Dawn A. Silberstein
Jennifer L. Elowsky
Attorneys for Plaintiff,
NAVIGATORS SPECIALTY INSURANCE
COMPANY

By:

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25
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MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
7647 NORTH FRESNO STREET
FRESNO, CA 93720

3:13-CV-03499-SC
2
STIPULATION AND ORDER: (1) EXTENDING DEADLINE FOR PRIVATE MEDIATION;
AND (2) CONTINUING CASE MANAGEMENT CONFERENCE

1 Dated: October 23, 2014

THE AGUILERA LAW GROUP

2
3
/s/ Thomas V. Perea
Thomas V. Perea
Attorneys for Defendants,
ST. PAUL SURPLUS LINES INSURANCE
COMPANY and TRAVELERS PROPERTY
CASUALTY COMPANY OF AMERICA

By:

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5
6
7
8
9 Dated: October 23, 2014

McCORMICK BARSTOW, LLP

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11

By:

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13
14

/s/ Patrick Fredette
Patrick Fredette
Timothy Sullivan
Attorneys for Plaintiff,
LIBERTY SURPLUS INSURANCE
CORPORATION

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16 Dated: October 23, 2014

GRIMM, VRANJES & GREER LLP

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18
By:

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/s/ Mark Vranjes
Mark Vranjes
Matthew Morache
Attorneys for Plaintiff,
NORTH AMERICAN CAPACITY
INSURANCE COMPANY

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23

[PROPOSED] ORDER

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

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10/27
Dated: ___________, 2014
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MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
7647 NORTH FRESNO STREET
FRESNO, CA 93720

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

3123529.1

3:13-CV-03499-SC
3
STIPULATION AND ORDER: (1) EXTENDING DEADLINE FOR PRIVATE MEDIATION;
AND (2) CONTINUING CASE MANAGEMENT CONFERENCE