K.O. Underground Construction, Inc. et al v. Admiral Risk Insurance Services, Inc. et al

Filing 14

STIPULATION AND ORDER TO RE-SET SCHEDULE LEADING TO INITIAL CASE MANAGEMENT CONFERENCE AND CONTINUE OTHER PRE-CMC DEADLINES. Initial Case Management Conference set for 2/6/2014 10:00 AM in Courtroom 3, 17th Floor, San Francisco. Signed by Judge Richard Seeborg on 10/23/13. (cl, COURT STAFF) (Filed on 10/23/2013)

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THOMAS M. HARRELSON (CA Bar No. 114346)
HARRELSON & ASSOCIATES
533 Airport Boulevard, Suite 325
Burlingame, CA 94010
Telephone: [phone]
Facsimile:
650/373-3302

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Attorneys for Plaintiffs
K.O. UNDERGROUND CONSTRUCTION, INC.,
KAREN M. OGANDO, and JOSEPH E. OGANDO

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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Case No.: 3:13-cv-03878 RS

K.O. UNDERGROUND CONSTRUCTION,
INC., a California corporation, KAREN M.
OGANDO, an individual; and JOSEPH E.
OGANDO, an individual

STIPULATION TO RE-SET
SCHEDULE LEADING TO INITIAL
CASE MANAGEMENT
CONFERENCE AND CONTINUE
OTHER PRE-CMC DEADLINES AND
PROPOSED ORDER

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Plaintiffs,

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v.

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ADMIRAL RISK INSURANCE SERVICES,
INC., A Delaware corporation, dba
ADMIRAL INSURANCE COMPANY, INC.;
ARCH SPECIALTY INSURANCE
AGENCY INC., a Missouri corporation, dba
ARCH SPECIALTY INSURANCE
COMPANY; and DOES 1-100,

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Defendants.

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Plaintiffs, K.O. UNDERGROUND CONSTRUCTION, INC., KAREN M.

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OGANDO, and JOSEPH E. OGANDO, and defendants, ADMIRAL RISK INSURANCE

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SERVICES, INC. dba ADMIRAL INSURANCE COMPANY, INC. and ARCH

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SPECIALTY INSURANCE AGENCY INC., dba ARCH SPECIALTY INSURANCE

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COMPANY, (“the Parties”), by and through their respective attorneys, hereby stipulate as

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follows:
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STIPULATION TO RE-SET SCHEDULE LEADING TO INITIAL CASE MANAGEMENT CONFERENCE AND
CONTINUE OTHER PRE-CMC DEADLINES

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1. The Parties submit this Stipulation and Proposed Order in lieu of a Joint Case
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Management Statement as required by the Clerk’s Notice (Doc. #12) scheduling a Case
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Management Conference on November 14, 2013 at 10:00 a.m. in Courtroom 3;
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2. The Parties have been communicating with each other with the goal to begin
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settlement discussions between them.
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3. Plaintiffs have prepared and tendered a formal settlement demand and are
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communicating with defense counsel for the purpose of sharing certain damages
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documentation so that defense counsel may more fully evaluate the case, evaluate their
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settlement options, and respond to Plaintiff’s demand.
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4. The Parties agree that continuances of various case deadlines are necessary so that
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they may complete their settlement discussions without the necessity of plaintiffs incurring
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substantial additional attorney fees, which fees form the subject matter of this litigation.
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5. The Parties agree that, given this extension, there is a strong potential for
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resolution of the plaintiffs’ claims and, as such, the continuation is in the interests of the
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Parties and the judicial economy of the Court. The Parties believe that such settlement
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considerations will more effectively be made prior to investing the time and expense,
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including legal fees necessary to comply with the Case Schedule as currently set by the
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Court’s August 22, 2013 Order Setting Initial Case Management Conference and ADR
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Deadlines. The requested extension will also avoid wasting the precious Court resources
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involved in holding the initial case management conference ("CMC") which may be avoided
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entirely if the Parties’ early settlement negotiations prove successful.
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3. Accordingly, the Parties agree to the following extensions of upcoming Court
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deadlines, but all subject to the Court’s convenience:
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A.

A continuance of the initial CMC from November 14, 2013 to

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Thursday, January 30, 2014 at 10:00 a.m. before the Honorable Richard Seeborg,
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United States District Judge, in Courtroom 3, 17th Floor, United States Courthouse,
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450 Golden Gate Avenue, San Francisco, California. This extension considers the
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STIPULATION TO RE-SET SCHEDULE LEADING TO INITIAL CASE MANAGEMENT CONFERENCE AND
CONTINUE OTHER PRE-CMC DEADLINES

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vacation schedules of all counsel and Judge Seaborg’s on line calendar (Governing

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Rules: Rule 16(b), F.R.Civ.P., and Civil L.R. 16-10);
B.

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The last day to meet and confer re: initial disclosures, early ADR

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process selection, and discovery plan, to file ADR Certifications, and to either file a

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stipulation to ADR Process or Notice of need for an ADR Phone Conference shall be

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Thursday, January 9, 2014. (Governing Rules: FRCivP. 26(f) and ADR L.R. 3-5,

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Civil L.R. 16-18(b) & ADR L.R. 3-5(b), and Civil L.R. 16-8(c) & ADR L.R. 3-5(b)

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& (c)).
C.

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The last day to file the Rule 26(f) Report, complete initial disclosures

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or state objection to the Rule 26(f) Report and file the Joint Case Management

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Statement per the Standing Order, shall be Thursday, January 23, 2014.

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4.

All other terms of the Clerk’s Notice (Doc. #12) , Judge Richard Seeborg’s

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Standing Order Re: Initial Case Management dated July 2, 2012 and the Standing Order for

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All Judges of the Northern District of California re Contents of Joint Case Management

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Statement Effective date: July 1, 2011 (Last Revised November 27, 20132) will otherwise

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remain in effect.

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IT IS SO STIPULATED.

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Dated: ________________

HARRELSON & ASSOCIATES

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________________________________
Thomas M. Harrelson, Attorney for
Plaintiffs K.O. UNDERGROUND
CONSTRUCTION, INC., KAREN M. OGANDO
and JOSEPH E. UGANDA

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STIPULATION TO RE-SET SCHEDULE LEADING TO INITIAL CASE MANAGEMENT CONFERENCE AND
CONTINUE OTHER PRE-CMC DEADLINES

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Dated: ________________

WOLKIN · CURRAN, LLP

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_________________________________
Brandt L. Wolkin, Attorneys for
Defendant ADMIRAL RISK INSURANCE
SERVICES dba ADMIRAL INSURANCE
COMPANY

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Dated: ________________

SELMAN BREITMAN, LLP

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_________________________________
Gregory J. Newman, Attorneys for
Defendant ARCH SPECIALTY INSURANCE
COMPANY

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STIPULATION TO RE-SET SCHEDULE LEADING TO INITIAL CASE MANAGEMENT CONFERENCE AND
CONTINUE OTHER PRE-CMC DEADLINES

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IT IS SO ORDERED.
The Case Management Conference is set for Thursday, February 6, 2014, at 10:00

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am. in Courtroom Courtroom 3, 17th Floor, 450 Golden Gate Avenue, San Francisco,

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California. All other dates contained in the above Stipulation of Counsel are approved.

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Dated: 10/23/13

________________________
The Honorable Richard Seeborg
UNITED STATES DISTRICT JUDGE

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STIPULATION TO RE-SET SCHEDULE LEADING TO INITIAL CASE MANAGEMENT CONFERENCE AND
CONTINUE OTHER PRE-CMC DEADLINES