Peerless Insurance Company v. Cleer Gear LLC et al

Filing 34

JOINT STIPULATION AND ORDER FOR CONTINUANCE OF MEDIATION DEADLINE. Signed by Judge Maxine M. Chesney on August 1, 2014. (mmclc2, COURT STAFF) (Filed on 8/1/2014)

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JAMES J.S. HOLMES (STATE BAR NO. 126779)
[e-mail]
SEDGWICK LLP
801 South Figueroa Street, 19th Floor
Los Angeles, CA 90017-5556
Telephone:
213.426.6900
Facsimile:
213.426.6921
BENJAMIN E. SHIFTAN (STATE BAR NO. 265767)
[e-mail]
SEDGWICK LLP
333 Bush Street, 30th Floor
San Francisco, CA 94104-2834
Telephone:
415.781.7900
Facsimile:
415.781.2635
Attorneys for Plaintiff and Counterdefendant
PEERLESS INSURANCE COMPANY

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DEMIÁN I. OKSENENDLER (STATE BAR NO. 233416)
[e-mail]
MANNION & LOWE
655 Montgomery Street, Suite #1200
San Francisco, CA 94111
Telephone: [phone]
Facsimile: 415.733.1054

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Attorneys for Defendants and Counterclaimants
CLEER GEAR, LLC and PETER TSOU dba CLEER
GEAR and Counterclaimant PETER TSOU

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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PEERLESS INSURANCE COMPANY,
Plaintiff,

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v.

Case No. C 14-00135 MMC
JOINT STIPULATION AND [PROPOSED]
ORDER FOR CONTINUANCE OF
MEDIATION DEADLINE

CLEER GEAR, LLC and PETER TSOU dba
CLEER GEAR

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Defendants.
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C 14-00135 MMC
JOINT STIPULATION AND [PROPOSED] ORDER FOR CONTINUANCE OF MEDIATION DEADLINE

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CLEER GEAR, LLC, and PETER TSOU
INDIVIDUALLY and dba CLEER GEAR,

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Counterclaimants,
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v.
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PEERLESS INSURANCE COMPANY,
GOLDEN EAGLE INSURANCE, LIBERTY
MUTUAL GROUP, IRENE HERMAN, and
IRENE HERMAN INSURANCE SERVICES
Counterdefendants.

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WHEREAS, on May 2, 2014, the Court ordered the parties to this stipulation – Plaintiff

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and Counterdefendant Peerless Insurance Company (“Peerless”) and Defendants and

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Counterclaimants Cleer Gear, LLC and Peter Tsou dba Cleer Gear and Counterclaimant Peter

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Tsou, individually (collectively, “Cleer Gear”) to complete mediation within 90 days – i.e., by

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July 31, 2014. (ECF No. 23.)

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WHEREAS, Peerless and Cleer Gear scheduled a mediation for July 15, 2014.

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WHEREAS, Defendant and Counterclaimant Peter Tsou has propounded written

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discovery on Peerless, responses to which – via extension – are not due until August 4, 2014.

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WHEREAS, Counterclaimants have not effectuated service on any Counterdefendant

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other than Peerless.
WHEREAS, Peerless believes mediation would be more fruitful with the participation of

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all Counterdefendants, and believes that the not-yet-served Counterdefendants will need an

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adequate amount of time to prepare for such a mediation.

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WHEREAS, Cleer Gear believes mediation would be more productive if Peerless’
discovery responses are served prior to the mediation.
WHEREAS, Peerless and Cleer Gear now agree to continue the mediation deadline until
August 28, 2014.
WHEREAS, Peerless and Clear Gear have arranged with the mediator for a new
mediation date of August 28, 2014.

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C 14-00135 MMC

JOINT STIPULATION AND [PROPOSED] ORDER FOR CONTINUANCE OF MEDIATION DEADLINE

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WHEREAS, the parties are only seeking a continuance of the mediation deadline

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identified herein, and the requested order continuing the mediation deadline would not require

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the continuance of any other deadlines.

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WHEREAS, by entering into this stipulation, Peerless and Cleer Gear do not waive any
claims or defenses.
STIPULATION

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NOW THEREFORE, it is agreed and stipulated that:
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The mediation deadline is extended from July 31, 2014 to August 28, 2014.
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IT IS SO AGREED AND STIPULATED.
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DATED: July 31, 2014

SEDGWICK LLP

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By: /s/ James J.S. Holmes
James J.S. Holmes
Benjamin E. Shiftan
Attorneys for Plaintiff and Counterdefendant
PEERLESS INSURANCE COMPANY

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DATED: July 31, 2014

MANNION & LOWE

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By: /s/ Demián I. Oksenendler
Demián I. Oksenendler
Attorneys for Defendants and Counterclaimants
CLEER GEAR, LLC and PETER TSOU dba CLEER
GEAR and Counterclaimant PETER TSOU
Filer’s Attestation: Pursuant to Civil Local Rule 5-1(i)(3) regarding signatures, James J.S.
Holmes hereby attests that concurrence in the filing of this document has been obtained.

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PURSUANT TO STIPULATION, IT IS ORDERED that:
The mediation deadline is extended from July 31, 2014 to August 28, 2014.

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August 1
DATED: __________________, 2014

______________________________________
United States District Court Judge

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C 14-00135 MMC

JOINT STIPULATION AND [PROPOSED] ORDER FOR CONTINUANCE OF MEDIATION DEADLINE