Scottsdale Insurance Company v. Hudson Specialty Insurance Company

Filing 55

ORDER by Judge Haywood S. Gilliam, Jr. Granting 54 Stipulation Revising the Court's Amended Scheduling Order. Motion Hearing set for 2/23/2017 02:00 PM before Hon. Haywood S. Gilliam Jr. (ndrS, COURT STAFF) (Filed on 12/9/2016)

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JAMES R. TENERO
(SBN 201023)
WENDY M. SCHENK
(SBN 177397)
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

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LLP

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ATTORNEYS AT LAW

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Selman Breitman

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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]

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Attorneys for Defendant
Hudson Specialty Insurance Company

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT – SAN FRANCISCO DIVISION

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SCOTTSDALE INSURANCE COMPANY, a
corporation,

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STIPULATION AND ORDER REVISING
THE COURT'S AMENDED
SCHEDULING ORDER

Plaintiff,

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

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

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

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

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respective counsel, hereby stipulate to revise the Court's October 27, 2016 Amended Scheduling

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Order (Dkt. 43) as follows:

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Stipulation and [Proposed] Order To Revise Amended Scheduling Order – CASE NO. 3:15-CV-02896-HSG
355615.1 380.37997

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I.

RECITALS

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1.

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captioned matter.

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2.

WHEREAS, the Parties have recently completed discovery in the above-

WHEREAS, the Parties are scheduled to attend an Early Neutral Evaluation

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session ("ENE") with the Court appointed neutral evaluator, Rachel Ehrlich, Esq., on December

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12, 2016.

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3.

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

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4.

WHEREAS, on October 27, 2016, the Court issued an Amended Scheduling

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LLP

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ATTORNEYS AT LAW

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Selman Breitman

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Order (Dkt. 43), setting deadlines for fact discovery, expert discovery, and dispositive motions.
The Amended Scheduling Order set January 26, 2017 as the deadline to hear dispositive motions.
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WHEREAS, the Parties do not seek any extension of dates currently set by the

Amended Scheduling Order relating to the discovery cutoff.
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WHEREAS, the current deadline to hear dispositive motions is January 26, 2017.

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In conjunction with the aforementioned deadline, the Parties' deadline to file dispositive motions

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is December 22, 2016. The current deadline to file oppositions to the aforementioned dispositive

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motions is January 5, 2017 and the deadline to file reply briefs is January 12, 2017.

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7.

WHEREAS, the Parties hereby seek an extension of the deadline to hear

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dispositive motions. The Parties hereby stipulate to and request entry of an Order extending the

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deadline to hear dispositive motions to February 23, 2017. Good cause exists for an extension of

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the current deadline of January 26, 2017 to file dispositive motions, as such an extension will

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allow the Parties additional time following the December 12, 2016 ENE (if the matter does not

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resolve at the ENE session) to undertake additional discussions regarding a potential resolution

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of this matter prior to filing cross-motions. The Parties have been working diligently toward

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moving this case forward in an efficient, expeditious manner. The Parties wish to litigate this

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matter in a cost-effective manner and avoid unnecessary attorneys' fees and costs.

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8.

WHEREAS, James R. Tenero, lead counsel for Plaintiff, Scottsdale Insurance

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Company, will be unavailable due to a pre-paid vacation to Brazil from December 23, 2016 to

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January 8, 2017.
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Stipulation and [Proposed] Order To Revise Amended Scheduling Order – CASE NO. 3:15-CV-02896-HSG

355615.1 380.37997

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9.

WHEREAS, Stephen P. Ellingson, lead counsel for Defendant Hudson Specialty

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Insurance Company, will be unavailable due to a pre-paid vacation from December 23, 2016 to

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January 8, 2017.

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10.

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

Order to Revise the Court's Amended Scheduling Order.

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Accordingly, the Parties hereby stipulate to revising the Court's October 27, 2016

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LLP

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ATTORNEYS AT LAW

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Selman Breitman

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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

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(NO CHANGE)

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Exchange Initial Expert Reports

November 17, 2016
(NO CHANGE)

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Exchange Rebuttal Expert Reports

November 30, 2016
(NO CHANGE)

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Expert Discovery Cutoff

December 14, 2016

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(NO CHANGE)
Deadline to Hear Dispositive Motions

February 23, 2017 at 2:00 p.m.

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(Currently January 26, 2017)
DATED: December 9, 2016

SELMAN BREITMAN LLP

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By:/s/Wendy M. Schenk
JAMES R. TENERO
WENDY M. SCHENK
Attorneys For Plaintiff
Scottsdale Insurance Company
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Stipulation and [Proposed] Order To Revise Amended Scheduling Order – CASE NO. 3:15-CV-02896-HSG

355615.1 380.37997

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DATED: December 9, 2016

HAYES SCOTT BONINO ELLINGSON &
MCKAY

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

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ORDER
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Pursuant to the parties' stipulation, the deadlines set by the Court's Amended Scheduling
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LLP

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ATTORNEYS AT LAW

Selman Breitman

Order are continued as follows:
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Scheduled Event

Date

Fact Discovery Cutoff

December 2, 2016
(NO CHANGE)

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Exchange Initial Expert Reports

November 17, 2016

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(NO CHANGE)
Exchange Rebuttal Expert Reports

November 30, 2016

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(NO CHANGE)
Expert Discovery Cutoff

December 14, 2016

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(NO CHANGE)

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Deadline to Hear Dispositive Motions

February 23, 2017 at 2:00 p.m.
(Currently January 26, 2017)

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IT IS SO ORDERED.

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Dated: December 9, 2016

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By
HONORABLE HAYWOOD S. GILLIAM, JR.
UNITED STATES DISTRICT JUDGE
NORTHERN DISTRICT OF CALIFORNIA
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Stipulation and [Proposed] Order To Revise Amended Scheduling Order – CASE NO. 3:15-CV-02896-HSG

355615.1 380.37997