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