Peerless Insurance Company v. Cleer Gear LLC et al

Filing 54

ORDER CONTINUING MEDIATION DEADLINE AND RESETTING DEADLINES AND HEARING ON MOTION TO DISMISS The mediation deadline is extended to December 12, 2014; the hearing for Golden Eagle's, Liberty Mutual's and Peerless' motion to dismiss is continued to January 30, 2015 at 9:00am; the opposition to the motion is due on January 9, 2015 and the reply is due on January 16, 2015. Signed by Judge Maxine M. Chesney on October 2, 2014. (mmclc2, COURT STAFF) (Filed on 10/2/2014)

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JAMES J.S. HOLMES (SBN 126779)
[e-mail]
SEDGWICK LLP
801 South Figueroa Street, 19th Floor
Los Angeles, CA 90017-5556
Telephone:
213.426.6900
Facsimile:
213.426.6921

VEENA A. MITCHELL (SBN 161153)
[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, and for
Counterdefendants GOLDEN EAGLE
INSURANCE CORPORATION and LIBERTY
MUTUAL GROUP INC.
E. GERARD MANNION (SBN 77287)
WESLEY M. LOWE (SBN (111761)
DEMIÁN I. OKSENENDLER (SBN 233416)
[e-mail]
[e-mail]
[e-mail]
MANNION & LOWE
655 Montgomery Street, Suite #1200
San Francisco, CA 94111
Telephone: [phone]
Facsimile: 415.733.1054
Attorneys for Defendants and Counterclaimants
CLEER GEAR, LLC and PETER TSOU dba
CLEER GEAR

CHRISTOPHER M. EGAN (SBN 232301)
KEVIN M. ORTIZ (SBN 296615)
[e-mail]
[e-mail]
PORTER SCOTT
350 University Ave., Suite 200
Sacramento, CA 95825
Telephone: [phone]
Facsimile: 916.927.3706
Attorneys for Counterdefendant
IRENE HERMAN DBA IRENE C.
HERMAN INSURANCE SERVICES
(erroneously sued as Irene Herman and
Irene Herman Insurance Services)

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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,

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Plaintiff,
v.
CLEER GEAR, LLC and PETER TSOU dba
CLEER GEAR,

Case No. 3:14-cv-00135 MMC
JOINT STIPULATION AND
[PROPOSED] ORDER FOR
CONTINUANCE OF MEDIATION
DEADLINE AND FOR RESETTING OF
HEARING ON MOTION TO DISMISS

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Defendants.
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AND RELATED COUNTERCLAIM

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3:14-cv-00135 MMC
JOINT STIPULATION AND [PROPOSED] ORDER FOR CONTINUATION OF MEDIATION DEADLINE
AND FOR RESETTING OF HEARING ON MOTION TO DISMISS

WHEREAS, on August 1, 2014, pursuant to stipulation between Plaintiff and

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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”), the Court ordered the mediation deadline is

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extended to August 28, 2014. (ECF No. 34.)

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WHEREAS, Peerless and Cleer Gear had scheduled a mediation for August 28, 2014.

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WHEREAS, on August 27, 2014, the appointment of the mediator was vacated by the

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Court’s ADR Program Staff. (ECF No. 40.)
WHEREAS, Cleer Gear filed a first amended counterclaim on August 6, 2014 (ECF No.

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37), and thereafter effectuated service of the counterclaim on three Counterdefendants that had

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not been previously served in this matter.
WHEREAS, on September 17, 2014, Counterdefendant Irene Herman dba Irene C.

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Herman Insurance Services [erroneously sued as Irene Herman and Irene Herman Insurance

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Services] (“Herman”) filed an answer to the first amended counterclaim. (ECF No. 48.)

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WHEREAS, on September 22, 2014, Counterdefendants Golden Eagle Insurance

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Corporation (“Golden Eagle”), Liberty Mutual Group Inc. (“Liberty Mutual”), and Peerless filed

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a motion to dismiss the first amended counterclaim, which is currently set to be heard at 9:00

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a.m. on October 31, 2014. (ECF No. 49.)
WHEREAS, the parties participated in an ADR Phone Conference on September 26,

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2014 (ECF No. 47), and the parties to this stipulation now agree to continue the mediation

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deadline until December 12, 2014.
WHEREAS, Golden Eagle, Liberty Mutual, Peerless and Cleer Gear now agree to

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continue the hearing on Golden Eagle’s, Liberty Mutual’s and Peerless’ motion to dismiss, as

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well as the opposition and reply deadlines on such motion, so as to occur after the mediation,

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and that the hearing be reset to January 30, 2015.
WHEREAS, by entering into this stipulation, the parties do not waive any claims or

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defenses.
/ / /
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3:14-cv-00135 MMC

JOINT STIPULATION AND [PROPOSED] ORDER FOR CONTINUATION OF MEDIATION DEADLINE
AND FOR RESETTING OF HEARING ON MOTION TO DISMISS

STIPULATION

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NOW THEREFORE, it is agreed and stipulated that:

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The mediation deadline is extended to December 12, 2014.

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The hearing for Golden Eagle’s, Liberty Mutual’s and Peerless’ motion to dismiss is

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continued to January 30, 2015 at 9:00 a.m. The opposition to the motion is due on

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January 9, 2015. The reply is due on January 16, 2015.

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IT IS SO AGREED AND STIPULATED.

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DATED: October 1, 2014

SEDGWICK LLP

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By:
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/s/ James J.S. Holmes
James J.S. Holmes
Veena A. Mitchell
Attorneys for Plaintiff and Counterdefendant
PEERLESS INSURANCE COMPANY and for
Counterdefendants GOLDEN EAGLE INSURANCE
CORPORATION and LIBERTY MUTUAL GROUP INC.

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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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DATED: October 1, 2014

MANNION & LOWE

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By:

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/s/ Demián I. Oksenendler
E. Gerard Mannion
Wesley M. Lowe
Demián I. Oksenendler
Attorneys for Defendants and Counterclaimants
CLEER GEAR, LLC and PETER TSOU dba CLEER
GEAR

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DATED: October 1, 2014

PORTER SCOTT

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By:

/s/ Christopher M. Egan
Christopher M. Egan
Kevin M. Ortiz
Attorneys for Counterdefendant
IRENE HERMAN DBA IRENE C. HERMAN
INSURANCE SERVICES

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3:14-cv-00135 MMC

JOINT STIPULATION AND [PROPOSED] ORDER FOR CONTINUATION OF MEDIATION DEADLINE
AND FOR RESETTING OF HEARING ON MOTION TO DISMISS

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PURSUANT TO STIPULATION, IT IS ORDERED that:

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The mediation deadline is extended to December 12, 2014.

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The hearing for Golden Eagle’s, Liberty Mutual’s and Peerless’ motion to dismiss is

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continued to January 30, 2015 at 9:00 a.m. The opposition to the motion is due on

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January 9, 2015. The reply is due on January 16, 2015.

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October 2
DATED: _________, 2014

__________________________________________
HONORABLE MAXINE M. CHESNEY
UNITED STATES DISTRICT COURT JUDGE

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3:14-cv-00135 MMC

JOINT STIPULATION AND [PROPOSED] ORDER FOR CONTINUATION OF MEDIATION DEADLINE
AND FOR RESETTING OF HEARING ON MOTION TO DISMISS