Continental Casualty Company v. Recology Inc.

Filing 53

ORDER, Motions terminated: 52 STIPULATION WITH PROPOSED ORDER TO CONSOLIDATE RECOLOGY, INC.'S MOTION TO DISMISS AND CASE MANAGEMENT CONFERENCE HEARING TIMES filed by Recology Inc.. Further Case Management Conference set for 1/29/2016 10:00 AM in Courtroom 10, 19th Floor, San Francisco.. Signed by Judge Susan Illston on 1/6/16. (tfS, COURT STAFF) (Filed on 1/7/2016)

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1 2 3 4 5 6 7 Nicholas P. Roxborough, Esq. (SBN 113540) npr@rpnalaw.com Burton E. Falk, Esq. (SBN 100644) bef@rpnalaw.com Charles R. Rondeau (SBN 164136) crr@rpnalaw.com ROXBOROUGH, POMERANCE, NYE & ADREANI, LLP 5820 Canoga Ave., Ste. 250 Woodland Hills, CA91367 Tel: (818) 992-9999 Fax: (818) 992-9991 Attorneys for Defendant and Third-Party Plaintiff RECOLOGY, INC., f/k/a NORCAL WASTE SYSTEMS, INC. 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ) ) ) ) Plaintiff, ) ) vs. ) ) RECOLOGY, INC., f/k/a NORCAL WASTE SYSTEMS, INC., a California ) ) corporation, ) ) Defendant. ) ) ) RECOLOGY, INC., f/k/a NORCAL ) WASTE SYSTEMS, INC., a California ) corporation, ) ) Third-Party Plaintiff, ) ) vs. ) ) FLEMING & ASSOCIATES, a business ) entity of unknown form, a/k/a ED ) FLEMING COMPANY, a California ) corporation; SPECIALTY RISK ) SERVICES, LLC, a Delaware ) limited liability company; JT2 ) INTEGRATED RESOURCES, a ) California corporation; and ) DOES 1 through 50, inclusive. ) ) Third-Party Defendants. ) ) ) CONTINENTAL CASUALTY COMPANY, an Illinois corporation, CASE NO. 3:15-cv-03969-SI Complaint filed on August 31, 2015 STIPULATION AND [PROPOSED] ORDER TO CONSOLIDATE RECOLOGY, INC.’S MOTION TO DISMISS AND CASE MANAGEMENT CONFERENCE HEARING TIMES MOTION TO DISMISS DATE: January 29, 2016 TIME: 10:009:00 a.m. CRTRM: 10 CASE MANAGEMENT CONFERENCE DATE: January 29, 2016 TIME: 3:00 p.m. CRTRM: 10 PROPOSED COMBINED HEARING TIME: DATE: January 29, 2016 TIME: 10:003:00 a.m. CRTRM: 10 Complaint Filed: August 31, 2015 Trial Date: July 24, 2017 STIPULATION AND [PROPOSED] ORDER TO CONSOLIDATE RECOLOGY, INC.’S MOTION TO DISMISS AND CASE MANAGEMENT CONFERENCE HEARING TIMES 1 2 3 4 5 6 7 8 9 JT2 INTEGRATED RESOURCES, a California corporation, ) ) ) ) Counter-Claimant, ) vs. ) ) RECOLOGY, INC., f/k/a NORCAL WASTE SYSTEMS, INC., a California ) corporation; FLEMING & ASSOCIATES, ) a business entity of unknown form, a/k/a ) ED FLEMING COMPANY, a California ) ) corporation; SPECIALTY RISK ) SERVICES, LLC, a Delaware limited ) liability company, ) Counter-Defendants. ) ) 10 11 TO THE COURT, ALL APPEARING PARTIES, AND ALL ATTORNEYS OF 12 RECORD: 13 WHEREAS, Plaintiff Continental Casualty Company (“Plaintiff”) filed a 14 complaint against Defendant Recology, Inc., f/k/a Norcal Waste Systems, Inc. 15 (“Defendant”), in this action on August 31, 2015; 16 17 18 19 WHEREAS, Defendant’s Motion to Dismiss is currently set for 9:00 a.m. on January 29, 2016; WHEREAS, a further Case Management Conference is currently set for 3:00 p.m. on January 29, 2016; 20 WHEREAS, the Court indicated at the CMC on December 18, 2015 that the 21 further CMC was being set for January 29, 2016 for the convenience of the parties 22 because Defendant’s Motion to Dismiss was already set for that day; and 23 WHEREAS, Plaintiff and Defendant would like to combine the hearing on the 24 Motion to Dismiss and the CMC at 3:00 p.m. to avoid the necessity of two separate 25 appearances six hours apart. 26 NOW, THEREFORE, IT IS HEREBY STIPULATED by and between the 27 Parties hereto through their respective attorneys of record that the hearing on 28 Defendant’s Motion to Dismiss and the Case Management Conference should both be 2 STIPULATION AND [PROPOSED] ORDER TO CONSOLIDATE RECOLOGY, INC.’S MOTION TO DISMISS AND CASE MANAGEMENT CONFERENCE HEARING TIMES 1 heard at 3:00 p.m. on January 29, 2016. 2 3 Dated: January 4, 2016 ROXBOROUGH, POMERANCE, NYE & ADREANI, LLP 4 5 By: /s/ Burton E. Falk NICHOLAS P. ROXBOROUGH BURTON E. FALK CHARLES R. RONDEAU Attorneys for Defendant and Third-Party Plaintiff RECOLOGY, INC., f/k/a NORCAL WASTE SYSTEMS, INC. 6 7 8 9 10 11 Dated: January 4, 2016 CARROLL, BURDICK & MCDONOUGH LLP 12 13 14 15 By: /s/ Geoffrey David Godwin G. DAVID GODWIN MEGAN C. HAMILTON Attorneys for Plaintiff CONTINENTAL CASUALTY COMPANY 16 17 18 19 20 21 22 23 24 25 26 27 28 3 STIPULATION AND [PROPOSED] ORDER TO CONSOLIDATE RECOLOGY, INC.’S MOTION TO DISMISS AND CASE MANAGEMENT CONFERENCE HEARING TIMES [PROPOSED] ORDER 1 2 Based on the written stipulation of the parties, the hearing on Defendant’s 3 4 10:00 Motion to Dismiss and the Case Management Conference will both be heard at 3:00 a.m. 5 p.m. on January 29, 2016. IT IS SO ORDERED. 6 7 8 9 DATED: 1/6/16 _____________________________________ The Honorable Susan Illston United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER TO CONSOLIDATE RECOLOGY, INC.’S MOTION TO DISMISS AND CASE MANAGEMENT CONFERENCE HEARING TIMES

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