D. Cummins Corporation et al v. United States Fidelity and Guaranty Company et al

Filing 26

STIPULATION AND ORDER Changing Dates. Case Management Statement due by 8/1/2014. Case Management Conference set for 8/8/2014 10:00 AM in Courtroom 1, 17th Floor, San Francisco. Signed by Judge Samuel Conti on 05/12/2014. (tmi, COURT STAFF) (Filed on 5/12/2014)

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MORGAN, LEWIS & BOCKIUS LLP
PAUL A. ZEVNIK, State Bar No. 75343
JEFFREY S. RASKIN, State Bar No. 169096
PETER F. McAWEENEY, State Bar No. 148245
MORGAN, LEWIS & BOCKIUS LLP
One Market, Spear Street Tower
San Francisco, California 94105-1126
Tel: [phone]
Fax: [phone]
E-mail: [e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiffs
D. CUMMINS CORPORATION and D. CUMMINS
HOLDING LLC

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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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D. CUMMINS CORPORATION, formerly
known as VALLEY ASBESTOS COMPANY,
a California corporation, and D. CUMMINS
HOLDING LLC, a Delaware limited liability
company,
Plaintiffs,

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vs.

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UNITED STATES FIDELITY AND
GUARANTY COMPANY, UNITED STATES
FIRE INSURANCE COMPANY, and DOES
1-100,

Case No. 3:14-cv-00935-SC
STIPULATED REQUEST FOR ORDER
CHANGING DATES
[28 U.S.C. § 1147]
Courtroom:
Judge:

1, 17th Floor
Hon. Samuel Conti

Date of Filing: January 23, 2014
Trial Date:
Not Yet Set

Defendants.

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MORGAN, LEWIS &
BOCKIUS LLP

Case No. 3:14-cv-00935-SC

ATTORNEYS AT LAW
SAN FRANCISCO

DB2/ 25075319.1

STIPULATED REQUEST FOR ORDER
CHANGING DATES; ORDER

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Plaintiffs D. Cummins Corporation and D. Cummins Holding LLC (“D. Cummins”) and

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Defendants United State Fidelity and Guaranty Company (“USF&G”) and United State Fire

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Insurance Company (“U.S. Fire”) (collectively “the Parties”), by and through their respective

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undersigned attorneys of record, do hereby make the following Stipulated Request for Order

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Changing Dates (“Stipulated Request”).

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On March 25, 2014, the Court issued a Clerk’s Notice Scheduling Case Management

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Conference on Reassignment, setting an Initial Case Management Conference in this case for

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June 20, 2014. The setting of the Initial Case Management Conference triggered certain pre-June

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20, 2014 reporting and disclosure requirements and deadlines for the Parties under the Federal

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Rules of Civil Procedure and the Court’s Local Rules.

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On March 31, 2014, D. Cummins filed a Motion for Remand requesting the Court to

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remand this case to state court. USF&G and U.S. Fire have opposed that motion. The hearing on

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the Motion for Remand is set for May 30, 2014. If the Motion for Remand is granted by the

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Court, the case will be remanded to state court and the above-referenced reporting and disclosure

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requirements and deadlines will be rendered moot.

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The Parties seek to avoid the potentially unnecessary expenditure of resources in

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complying with the above-referenced reporting and disclosure requirements and deadlines in the

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event this case is remanded to state court. The Parties therefore request that the Court defer the

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Initial Case Management Conference, along with all related reporting and disclosure requirements

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and deadlines, for at least 30 days, and reschedule the Initial Case Management Conference for

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late July or later. This will give the Parties sufficient time to comply with the reporting and

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disclosure requirements and deadlines in the event the Motion for Remand is denied, but will also

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MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
SAN FRANCISCO

Case No. 3:14-cv-00935-SC
DB2/ 25075319.1

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STIPULATED REQUEST FOR ORDER
CHANGING DATES; ORDER

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prevent the unnecessary expenditure of resources by the Parties in the event the Motion for

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Remand is granted.

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SO STIPULATED.

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Dated: May 9, 2014

MORGAN, LEWIS & BOCKIUS LLP
PETER F. McAWEENEY

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By /s/ Peter F. McAweeney
PETER F. McAWEENEY
Attorneys for Plaintiffs
D. CUMMINS CORPORATION and D.
CUMMINS HOLDING LLC

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Dated: May 9, 2014

NICOLAIDES FINK THORPE
MICHAELIDES SULLIVAN LLP
SARA M. THORPE

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By /s/ Sara M. Thorpe
SARA M. THORPE
Attorneys for Defendant
UNITED STATE FIRE INSURANCE
COMPANY

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Dated: May 9, 2014

DENTONS US LLP
SUSAN MICHELE WALKER

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By /s/ Susan Michele Walker
SUSAN MICHELE WALKER
Attorneys for Defendant
UNITED STATE FIDELITY AND
GUARANTY COMPANY

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PURSUANT TO STIPULATION, IT IS SO ORDERED, AS FOLLOWS:
Aug. 8
The Initial Case Management Conference is rescheduled for ________, 2014, and all

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related reporting and disclosure requirements and deadlines under the Federal Rules of Civil

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Procedure and the Court’s Local Rules are adjusted accordingly.

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SAN FRANCISCO

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ATTORNEYS AT LAW

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__________________________
Honorable Samuelamuel Conti
Conti
Judge S
United States District Court

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MORGAN, LEWIS &
BOCKIUS LLP

R NIA

05/12/2014
Dated: ___________

Case No. 3:14-cv-00935-SC
DB2/ 25075319.1

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STIPULATEDOREQUEST FOR ORDER
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CHANGING DATES; ORDER