Newlife Sciences LLC et al v. Landmark American Insurance Company

Filing 45

SECOND STIPULATION AND ORDER TO CONTINUE HEARING ON PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT AND EXTEND BRIEFING SCHEDULE PURSUANT TO LOCAL RULE 6-1(b). Motion Hearing set for 7/10/2014 01:30 PM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. Signed by Judge Richard Seeborg on 5/7/14. (cl, COURT STAFF) (Filed on 5/7/2014)

Download PDF
1 2 3 4 5 Jeffrey S. Whittington, Esq./SBN 236028 jwhittington@kbrlaw.com KAUFMAN BORGEEST & RYAN LLP 23975 Park Sorrento, Suite 370 Calabasas, CA 91302 Telephone: (818) 880-0992 Facsimile: (818) 880-0993 Attorney for Defendant, LANDMARK AMERICAN INSURANCE COMPANY 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 10 11 12 13 14 15 16 17 18 19 NEWLIFE SCIENCES LLC, JOHN ) CROSSON, AND C. READ MCLEAN, ) ) ) ) Plaintiffs, ) ) ) vs. ) LANDMARK AMERICAN ) INSURANCE COMPANY, a ) corporation, ) ) Defendant. ) Case Number: 3:13-cv-05145-RS PARTIES’ SECOND STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING ON PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT AND EXTEND BRIEFING SCHEDULE PURSUANT TO LOCAL RULE 6-1(b) 20 21 Pursuant to Civil Local Rule 6-1(b), Defendant Landmark American 22 Insurance Company (“Landmark”), and Plaintiffs New Life Sciences LLC, 23 (“NLS”), John Crosson, and C. Read McLean, (collectively, “the Plaintiffs”) by 24 and through their respective counsel of record, hereby stipulate as follows: 25 26 27 1. WHEREAS, Plaintiffs have filed a Motion for Partial Summary Judgment (the “Motion”) (Docket # 39). 28 1 PARTIES’ SECOND STIPULATION AND [PROPOSED] ORDER TO CONTINUE MOTION FOR PARTIAL SUMMARY JUDGMENT AND EXTEND BRIEFING SCHEDULE 2578550 1 2. May 22, 2014, at 1:30 p.m. 2 3 WHEREAS, Plaintiffs’ Motion is presently scheduled to be heard on 3. WHEREAS, pursuant to the Parties’ Stipulation filed on April 22, 2014, 4 Landmark’s Opposition to Plaintiffs’ Motion must be filed and served 5 on or before May 1, 2014. 6 4. and anticipate finalizing the settlement agreement in the near future. 7 8 5. WHEREAS, Plaintiffs agree to withdraw the Motion and dismiss this case upon the Parties’ finalization of the settlement agreement. 9 10 WHEREAS, the Parties have reached a tentative settlement agreement 6. WHEREAS, given the Parties’ tentative settlement, the Parties, by and 11 through their respective counsel of record, agree to continue the hearing 12 on the Motion to July 10, 2014. 13 7. WHEREAS, the Parties, by and through their respective counsel of 14 record, agree to extend the briefing schedule such that Landmark must 15 file its Opposition to Plaintiff’s Motion on or before June 20, 2014. 16 8. WHEREAS, the Parties, by and through their respective counsel of 17 record, agree to extend the briefing schedule so as to allow Plaintiffs 18 until June 27, 2014, to file and serve their Reply in support of Plaintiff’s 19 Motion. 20 9. WHEREAS, the only other time modifications previously made in this 21 case were the Parties’ Stipulation to Extend Time to Respond to the 22 Initial Complaint (Docket #10), the Parties’ Stipulation to Continue the 23 Case Management Conference (Docket #22), the Parties’ Stipulation to 24 Extend Time to File Answer to Complaint (Docket #31), and the Parties’ 25 Stipulation to Continue Hearing on the Plaintiffs’ Motion and Extend 26 Briefing Schedule (Docket #40). 27 28 2 PARTIES’ SECOND STIPULATION AND [PROPOSED] ORDER TO CONTINUE MOTION FOR PARTIAL SUMMARY JUDGMENT AND EXTEND BRIEFING SCHEDULE 2578550 1 10. WHEREAS, the requested time modification would have the limited 2 effect of continuing the hearing on the Motion, as well as the attendant 3 briefing dates, so as to allow the Parties sufficient time to finalize their 4 settlement agreement. 5 6 NOW, THEREFORE, IT IS HEREBY STIPULATED by and between the 7 Parties, through their respective counsel, that Plaintiffs’ Motion for Partial 8 Summary Judgment, now set for May 22, 2014, will be continued to July 10, 9 2014, that Landmark’s Opposition to Plaintiffs’ Motion for Partial Summary 10 Judgment must be filed and served by June 20, 2014, and that Plaintiffs’ Reply in 11 support of the Motion must be filed and served by June 27, 2014. 12 13 Respectfully submitted, 14 15 Dated: April 30, 2014 KAUFMAN BORGEEST & RYAN LLP 16 By: 17 18 19 /s/ Jeffrey S. Whittington Jeffrey S. Whittington, Esq. Attorneys for Defendant, Landmark American Insurance Company 20 21 Dated: April 30, 2014 LAW OFFICE OF ANDRE HASSID 22 23 24 25 26 By: /s/ Andre Hassid André Hassid Attorneys for Plaintiffs, Newlife Sciences LLC, John Crosson, and C. Read Mclean 27 28 3 PARTIES’ SECOND STIPULATION AND [PROPOSED] ORDER TO CONTINUE MOTION FOR PARTIAL SUMMARY JUDGMENT AND EXTEND BRIEFING SCHEDULE 2578550 1 Dated: April 30, 2014 LAW OFFICES OF DANIEL J. SPIELFOGEL 2 3 4 5 6 By: /s/ Daniel J. Spielfogel Daniel J. Spielfogel Attorneys for Plaintiffs, Newlife Sciences LLC, John Crosson, and C. Read Mclean 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 PARTIES’ SECOND STIPULATION AND [PROPOSED] ORDER TO CONTINUE MOTION FOR PARTIAL SUMMARY JUDGMENT AND EXTEND BRIEFING SCHEDULE 2578550 1 IT IS SO ORDERED. 2 The hearing on Plaintiffs’ Motion for Partial Summary shall be continued to 3 July 10, 2014. Landmark’s Opposition to Plaintiffs’ Motion for Partial Summary 4 shall be filed and served by June 20, 2014 and Plaintiffs’ Reply in support of the 5 Motion for Partial Summary Judgment shall be filed and served by June 27, 2014. 6 7 Dated: 5/7/14 ______________________________ 8 The Honorable Richard Seeborg 9 United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 PARTIES’ SECOND STIPULATION AND [PROPOSED] ORDER TO CONTINUE MOTION FOR PARTIAL SUMMARY JUDGMENT AND EXTEND BRIEFING SCHEDULE 2578550

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?