Scottsdale Insurance Company v. Hudson Specialty Insurance Company

Filing 36

ORDER by Judge Haywood S. Gilliam, Jr. Granting 35 Stipulation To Continue Early Neutral Evaluation Deadline and Excusing Personal Attendance. (ndrS, COURT STAFF) (Filed on 8/15/2016)

1 STEPHEN M. HAYES (SBN 83583)
[e-mail]
2 STEPHEN P. ELLINGSON (SBN 136505)
[e-mail]
3 JONATHAN K. MYERS (SBN 306756)
[e-mail]
4 HAYES SCOTT BONINO ELLINGSON & McLAY, LLP
203 Redwood Shores Parkway, Suite 480
5 Redwood City, California 94065
Telephone: [phone]
6 Facsimile: 650.637.8071
7 Attorneys for Defendant
HUDSON SPECIALTY INSURANCE CO.
8
JAMES R. TENERO (SBN 201023)
9 [e-mail]
CHRISTOPHER C. RANCK (SBN 283873)
10
[e-mail]
11 SELMAN BREITMAN LLP
33 New Montgomery, Sixth Floor
12 San Francisco, California 94105-4537
Telephone: [phone]
13 Facsimile: 415.979.2099
14

Attorneys for Plaintiff
15 Scottsdale Insurance Company
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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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SCOTTSDALE INSURANCE COMPANY, a
20 corporation
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Plaintiff,
v.

CASE NO. 3:15-cv-02896-HSG
STIPULATION AND ORDER TO
CONTINUE EARLY NEUTRAL
EVALUATION DEADLINE AND
EXCUSING PERSONAL ATTENDANCE

23 HUDSON SPECIALTY INSURANCE
COMPANY, a corporation
24
Defendant.
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712161
STIPULATION & [PROPOSED] ORDER TO CONTINUE ENE DEADLINE AND
EXCUSING PERSONAL ATTENDANCE - CASE NO. 3:15-cv-02896-HSG

1 TO THE COURT AND ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
Having met and conferred with respect to the matters set forth herein, plaintiff Scottsdale

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3 Insurance Company (“Scottsdale”) and defendant Hudson Specialty Insurance Company
4 (“Hudson”), referred to collectively as the “Parties,” by and through their respective counsel, hereby
5 stipulate and agree as follows:
I.
RECITALS

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1.

WHEREAS, pursuant to stipulation, this Court ordered the Parties to participate in an

8 Early Neutral Evaluation session (“ENE”). Pursuant to the presumptive deadline as specified in the
9 local rules of the Northern District, the Court ordered the ENE to occur within ninety day of its
10 order, on or before September 26, 2016.
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2.

WHEREAS, the Parties have not sought any prior extensions of this presumptive

12 deadline.
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3.

WHEREAS, the Parties believe that any ENE would be more productive and more

14 likely to settle the case if written discovery and documents are exchanged prior to the ENE.
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4.

WHEREAS, the Parties wish to exchange written discovery and obtain documents

16 before the ENE.
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5.

WHEREAS, the Parties have recently propounded initial written discovery and

18 document requests.
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6.

WHEREAS, the Parties have agreed to hold the ENE in the above-referenced matter

20 on October 12, 2016 at 10:30 a.m. at the offices of Selman Breitman LLP at 33 New Montgomery
21 Street, Sixth Floor, San Francisco, California.
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7.

WHEREAS, it would be inconvenient and costly for Scottsdale to personally attend

23 the ENE, as the person responsible for handling this lawsuit is located in Scottsdale, Arizona.
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8.

WHEREAS, it would be inconvenient and costly for Hudson to personally attend the

25 ENE, as the person responsible for handling this lawsuit is located in New York, New York, and the
26 closest representative of Hudson able to attend the ENE is located in New York, New York.
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9.

WHEREAS, a Scottsdale representative may attend the ENE by telephone.

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712161

-1STIPULATION & [PROPOSED] ORDER TO CONTINUE ENE DEADLINE AND
EXCUSING PERSONAL ATTENDANCE - CASE NO. 3:15-cv-02896-HSG

1

10.

WHEREAS, a Hudson representative may attend the ENE by telephone.

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11.

WHEREAS, the parties hereby agree and stipulate that Scottsdale and Hudson’s

3 representatives do not need to personally attend the ENE, but that they will attend by telephone for
4 the duration of the ENE.
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II.
STIPULATION

6

Scottsdale and Hudson hereby stipulate and agree as follows:

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9

1.

held on October 12, 2016.

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2.

The Parties will hold the ENE in the above-referenced matter on October 12, 2016, at

10:30 a.m. at the offices of Selman Breitman LLP at 33 New Montgomery Street, Sixth Floor, San
Francisco, California.

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3.

Scottsdale’s representative may attend the ENE by telephone.

4.

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The Parties agree to continue the ENE presumptive deadline to allow the ENE to be

Hudson’s representative may attend the ENE by telephone.

Dated: August 11, 2016

SELMAN BREITMAN LLP

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By /s/ James R. Tenero
JAMES R. TENERO
CHRISTOPHER C. RANCK
Attorneys for Plaintiff
SCOTTSDALE INSURANCE COMPANY

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Filer’s Attestation: Pursuant to Civil Local Rule
5-1(i)(3), Stephen P. Ellingson hereby attests that
concurrence in the filing of this document has
been obtained from each of the other signatories.

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23 Dated: August 11, 2016
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HAYES SCOTT BONINO ELLINGSON & McLAY, LLP
By /s/ Stephen P. Ellingson
STEPHEN M. HAYES
STEPHEN P. ELLINGSON
JONATHAN K. MYERS
Attorneys for Defendant
HUDSON SPECIALTY INSURANCE COMPANY

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712161

-2STIPULATION & [PROPOSED] ORDER TO CONTINUE ENE DEADLINE AND
EXCUSING PERSONAL ATTENDANCE - CASE NO. 3:15-cv-02896-HSG

ORDER

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Pursuant to the parties’ stipulation, the Court hereby orders as follows:

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1.
12, 2016.

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The ENE presumptive deadline is continued to allow the ENE to be held on October

2.

The Parties will hold the ENE in the above-referenced matter on October 12, 2016 at

10:30 a.m. at the offices of Selman Breitman LLP at 33 New Montgomery Street, Sixth Floor, San
Francisco, California.

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3.

Scottsdale’s representative may attend the ENE by telephone.

4.

9

Hudson’s representative may attend the ENE by telephone.

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IT IS SO ORDERED.

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Dated: August 15, 2016
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By
HONORABLE HAYWOOD S. GILLIAM, JR.
UNITED STATES DISTRICT JUDGE
NORTHERN DISTRICT OF CALIFORNIA

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712161

-3STIPULATION & [PROPOSED] ORDER TO CONTINUE ENE DEADLINE AND
EXCUSING PERSONAL ATTENDANCE - CASE NO. 3:15-cv-02896-HSG