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)

1
2
3
4
5

Jeffrey S. Whittington, Esq./SBN 236028
[e-mail]
KAUFMAN BORGEEST & RYAN LLP
23975 Park Sorrento, Suite 370
Calabasas, CA 91302
Telephone: [phone]
Facsimile: [phone]
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