Scottsdale Insurance Company v. Hudson Specialty Insurance Company

Filing 43

ORDER by Judge Haywood S. Gilliam, Jr. Granting 42 Stipulation Revising the Court's Amended Scheduling Order re 4 40 Order. Close of Fact Discovery due by 12/2/2016. (ndrS, COURT STAFF) (Filed on 10/27/2016)

1
2
3
4
5
6

JAMES R. TENERO
(SBN 201023)
CHRISTOPHER C. RANCK (SBN 283873)
SELMAN BREITMAN LLP
33 New Montgomery, Sixth Floor
San Francisco, CA 94105-4537
Telephone
:
415.979.0400
Facsimile
:
415.979.2099
Emails
:
[e-mail]
:
[e-mail]
Attorneys for Plaintiff
Scottsdale Insurance Company

7
8
9

LLP

12

ATTORNEYS AT LAW

11

Selman Breitman

10

STEPHEN P. ELLINGSON (SBN 201023)
JONATHAN K. MYERS
(SBN 306756)
HAYES SCOTT BONINO ELLINGSON & MCLAY
203 Redwood Shores Parkway, Suite 480
Redwood Shores, CA 94065
Telephone
:
650.637.9100
Facsimile
:
650.637.8071
Emails
:
[e-mail]
:
[e-mail]

13

Attorneys for Defendant
Hudson Specialty Insurance Company

14

UNITED STATES DISTRICT COURT

15

NORTHERN DISTRICT – SAN FRANCISCO DIVISION

16
17
18

SCOTTSDALE INSURANCE COMPANY, a
corporation,

21
22

STIPULATION AND ORDER REVISING
THE COURT'S AMENDED
SCHEDULING ORDER

Plaintiff,

19
20

Case No. 3:15-cv-02896-HSG

v.
HUDSON SPECIALTY INSURANCE
COMPANY, a corporation,
Defendant.

23
24

Plaintiff Scottsdale Insurance Company ("Scottsdale") and Defendant Hudson Specialty

25

Insurance Company ("Hudson"), referred to collectively as the "Parties", by and through their

26

respective counsel, hereby stipulate to revise the Court's September 28, 2016 Amended

27

Scheduling Order (Dkt. 40) as follows:

28
1
Stipulation and [Proposed] Order To Revise Amended Scheduling Order – CASE NO. 3:15-CV-02896-HSG
352660.1 380.37997

1

I.

2

RECITALS
1.

WHEREAS, the Parties previously agreed to hold an Early Neutral Evaluation

3

session (the "ENE") on October 12, 2016, at 10:30 a.m., with the Evaluator appointed by the

4

Court.

5

2.

WHEREAS, the Parties requested that the Court enlarge the operative Scheduling

6 Order (Dkt. 37) because, among other reasons, the initial fact discovery cutoff set by the
7 Scheduling Order was October 5, 2016, prior to the date of the ENE.
8

3.

WHEREAS, on September 28, 2016, the Court issued an Amended Scheduling

9 Order (Dkt. 40), setting deadlines for fact discovery, expert discovery, and dispositive motions.

11
ATTORNEYS AT LAW

Selman Breitman

LLP

10 The Amended Scheduling Order set November 3, 2016 as the fact discovery cutoff.
4.

WHEREAS, on September 29, 2016, the Court served a Notice (Dkt. 41)

12 withdrawing the appointment of the assigned Evaluator for medical issues and taking the ENE
13 set for October 12, 2016 off calendar. The Notice advised that the ADR Unit would appoint
14 another Evaluator shortly.
15

5.

WHEREAS, the Parties agreed to submit a stipulated list of alternative ENE

16 Evaluators to the ADR Case Administrator, and did submit such list on October 4, 2016.
17

6.

WHEREAS, the ADR Unit has not, to date, appointed another ENE Evaluator.

18

7.

WHEREAS, the Parties still wish for the ENE to be held prior to the fact

19 discovery cutoff, currently set for November 3, 2016.
20

8.

WHEREAS, the parties have exchanged and responded to written discovery and

21 document requests to obtain necessary evidence, but wish additional time to meet and confer
22 regarding discovery issues and an opportunity to propound additional written discovery, obtain
23 additional documents, and/or conduct depositions following the ENE and prior to filing
24 dispositive motions. The Parties recognize that the Court's determination of the Parties'
25 dispositive motions could terminate this case.
26

9.

WHEREAS, the deposition of third party Alliant Specialty Insurance Services,

27 Inc. ("Alliant") has been noticed. Alliant is the broker through which the Parties' mutual named
28 insured obtained insurance coverage from the Parties. The Parties are meeting and conferring
2
Stipulation and [Proposed] Order To Revise Amended Scheduling Order – CASE NO. 3:15-CV-02896-HSG
352660.1 380.37997

1

with Alliant and its counsel to schedule a mutually available date on which to conduct the

2

deposition. Additional time to conduct fact discovery would alleviate the currently encountered

3 difficulties of scheduling a date agreeable to all counsel and Alliant's witness(es).
4
5

10.

WHEREAS, the Parties have mutually agreed that no experts need be retained in

this matter, as the dispute between the Parties is a question of law.

6

11.

WHEREAS, no trial date has been set in this matter.

7

12.

WHEREAS, the Parties do not seek any extension of dates currently set by the

8

Amended Scheduling Order except for the fact discovery cutoff.

9

forward in an efficient, expeditious manner. The Parties wish to litigate this matter in a cost-

11

effective manner and avoid unnecessary attorneys' fees and costs.

12

ATTORNEYS AT LAW

10
LLP

WHEREAS, the parties have been working diligently toward moving this case

Selman Breitman

13.

13

14.

WHEREAS, the Parties have agreed to submit this Stipulation and [Proposed]

Order to Revise the Court's Amended Scheduling Order.

14

15.

Accordingly, the Parties hereby stipulate to revising the Court's September 28,

15

2016 Amended Scheduling Order as follows.

16

///

17

///

18

///

19

///

20

///

21

///

22

///

23

///

24

///

25

///

26

///

27

///

28

///
3
Stipulation and [Proposed] Order To Revise Amended Scheduling Order – CASE NO. 3:15-CV-02896-HSG

352660.1 380.37997

1
2
3
4
5

II.

STIPULATION
The parties hereby stipulate to the following revisions to the Court's Amended

Scheduling Order:
Scheduled Event

Date

Fact Discovery Cutoff

December 2, 2016

6
(currently November 3, 2016)

7
8

Exchange Initial Expert Reports

November 17, 2016
(NO CHANGE)

9

LLP
ATTORNEYS AT LAW

12

Exchange Rebuttal Expert Reports

November 30, 2016

11

Selman Breitman

10

(NO CHANGE)
Expert Discovery Cutoff

December 14, 2016

13
14

(NO CHANGE)
Deadline to Hear Dispositive Motions

January 26, 2017 at 2:00 p.m.

15
16

(NO CHANGE)
DATED: October 26, 2016

SELMAN BREITMAN LLP

17
18
By: /s/Christopher C. Ranck
CHRISTOPHER C. RANCK
JAMES R. TENERO
Attorneys For Plaintiff
Scottsdale Insurance Company

19
20
21
22

DATED: October 26, 2016

HAYES SCOTT BONINO ELLINGSON &
MCKAY

23
24
25
26
27

By: /s/Stephen P. Ellingson
STEPHEN P. ELLINGSON
JONATHAN K MYERS
Attorneys For Defendant
Hudson Specialty Insurance Company

28
4
Stipulation and [Proposed] Order To Revise Amended Scheduling Order – CASE NO. 3:15-CV-02896-HSG
352660.1 380.37997

1
2
3
4
5

[PROPOSED ORDER]
Pursuant to the parties' stipulation, the deadlines set by the Court's Amended Scheduling
Order are continued as follows:
Scheduled Event

Date

Fact Discovery Cutoff

December 2, 2016

Exchange Initial Expert Reports

November 17, 2016

6
7
8

(NO CHANGE)

9

LLP
ATTORNEYS AT LAW

12

Exchange Rebuttal Expert Reports

November 30, 2016

11

Selman Breitman

10

(NO CHANGE)
Expert Discovery Cutoff

December 14, 2016

13
14

(NO CHANGE)
Deadline to Hear Dispositive Motions

January 26, 2017 at 2:00 p.m.

15

(NO CHANGE)

16
17

IT IS SO ORDERED.

18
19
20
21

Dated: October 27, 2016
By
HONORABLE HAYWOOD S. GILLIAM, JR.
UNITED STATES DISTRICT JUDGE
NORTHERN DISTRICT OF CALIFORNIA

22
23
24
25
26
27
28
5
Stipulation and [Proposed] Order To Revise Amended Scheduling Order – CASE NO. 3:15-CV-02896-HSG
352660.1 380.37997