Atain Specialty Insurance Company v. Armory Studios, LLC et al

Filing 19

ORDER granting 16 Stipulation re Case Management Conference and Other Filing Dates. Signed by Judge James Donato on 1/29/2016. (jdlc2S, COURT STAFF) (Filed on 1/29/2016)

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ABBEY, WEITZENBERG, WARREN & EMERY
MITCHELL B. GREENBERG, Esq., State Bar 114878
JAIMEE A. MODICA, Esq., State Bar 226872
100 Stony Point Road, Suite 200
Post Office Box 1566
Santa Rosa, CA 95402-1566
Telephone: [phone]
Facsimile: 707-542-2589
E-Mail: [e-mail]
E-Mail: [e-mail]
Attorneys for Defendants
ARMORY STUDIOS, LLC, a California limited liability company;
PETER ACWORTH, an individual

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ABBEY, WEITZENBERG, WARREN & EMERY, P.C.
100 Stony Point Road, Suite 200, P.O. Box 1566, Santa Rosa, CA 95402-1566
Telephone: [phone] Facsimile [phone]

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ATAIN SPECIALTY INSURANCE
COMPANY, a Michigan corporation,

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Case No.: 15-cv-05124-JD
STIPULATION AND [PROPOSED]
ORDER SETTING CASE
MANAGEMENT CONFERENCE
AND OTHER FILING DATES

Plaintiff,
v.
ARMORY STUDIOS, LLC, a California
limited liability company; PETER
ACWORTH, an individual,

The Honorable James Donato

Defendants.

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This Stipulation and [Proposed] Order is filed by Plaintiff Atain Specialty

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Insurance Company and Defendants Armory Studios, LLC and Peter Acworth,

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through their respective counsel of record. The purpose of this Stipulation and

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Proposed Order is to request that the Court set an Initial Case Management

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Conference, along with the required pre Conference filings, to replace those matters

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which were originally set, but vacated, when this case was reassigned.

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This action was filed on November 9, 2015. The case was originally

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assigned to Magistrate Judge Maria-Elena James. Magistrate Judge James issued

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an Initial Case Management Scheduling Order with ADR Deadlines (Docket # 5)

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on November 9, 2015. Plaintiff Atain Specialty Insurance Company then filed a
-1STIPULATION AND [PROPOSED] ORDER SETTING INITIAL CASE MANAGEMENT CONFERENCE
DATE

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Declination to Proceed Before U.S. Magistrate Judge (Docket # 7) on November

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16, 2015. The case was reassigned to Judge James Donato by Order dated

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November 17, 2015 (Docket # 9). The reassignment Order provides, in part, that

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“[A]ll dates presently scheduled are vacated and motions should be renoticed for

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hearing before the judge to whom the case has been reassigned. Briefing schedules,

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ADR compliance deadlines, and other case deadlines remain unchanged.”

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Defendants Armory Studios, LLC and Peter Acworth filed a motion to
dismiss the action, under FRCP 12(b)(1), or alternatively, to stay the action, on

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ABBEY, WEITZENBERG, WARREN & EMERY, P.C.
100 Stony Point Road, Suite 200, P.O. Box 1566, Santa Rosa, CA 95402-1566
Telephone: [phone] Facsimile [phone]

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January 19, 2016 (Docket # 12-14) . The hearing on that motion is set for February

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24, 2016.
The original Initial Case Management Scheduling Order set the Initial Case

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Management Conference for February 11, 2016, and also set the last day to file the

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Rule 26(f) Report, and to complete initial disclosures, for February 4, 2016. The

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parties read this Court’s reassignment Order as vacating the February 11 Initial

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Case Management Conference, as well as the February 4 deadline for filing the

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Rule 26(f) Report and completion of the initial disclosures. However, it does not

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appear that any new dates have been set by the Court to replace those that were

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vacated by the Court’s November 17, 2015 Order.

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The parties believe that Court economy supports that the Case Management

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Conference, and the deadlines for filing the Rule 26(f) Report, and to complete the

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initial disclosures, be set on dates after the Court rules on the Motion to Dismiss or

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Stay. If the Court grants the Motion and dismisses the action, no further

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proceedings will be necessary. If the Court grants the Motion and stays the action,

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again, no further proceedings will be necessary until the stay is lifted in the future.

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In either case, the Court and the parties will have spent time in connection with the

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Case Management Conference, and associated filings, which could have been

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avoided had the Conference and deadlines been set after the ruling on the motion.

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-2STIPULATION AND [PROPOSED] ORDER SETTING INITIAL CASE MANAGEMENT CONFERENCE
DATE

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If the Court denies the Motion to Dismiss or Stay, the Case Management

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Conference can take place thereafter (with the associated filings due in advance).

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Accordingly, the parties respectfully request that the Court (1) set the Case

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Management Conference on a date after February 24, 2016, and (2) set the filing

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deadline for the Rule 26(f) Report and the completion date for the initial disclosures

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on a date after February 24, 2016, but before the Case Management Conference

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date.

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IT IS SO STIPULATED.

ABBEY, WEITZENBERG, WARREN & EMERY, P.C.
100 Stony Point Road, Suite 200, P.O. Box 1566, Santa Rosa, CA 95402-1566
Telephone: [phone] Facsimile [phone]

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Dated: January 21, 2016

ABBEY, WEITZENBERG, WARREN & EMERY

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By:

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/s/ Mitchell B. Greenberg
MITCHELL B. GREENBERG
Attorneys for Defendants,
ARMORY STUDIOS, LLC, a
California limited liability company;
PETER ACWORTH, an individual

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Dated: January 21, 2016

ARCHER NORRIS

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By:

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/s/ GailAnn Y. Stargardter
GAILANN Y. STARGARDTER
ANDREW JAMES KING
Attorneys for Plaintiff,
ATAIN SPECIALTY INSURANCE
COMPANY, a Michigan corporation

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-3STIPULATION AND [PROPOSED] ORDER SETTING INITIAL CASE MANAGEMENT CONFERENCE
DATE

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ORDER
Pursuant to the Stipulation of the parties, the Court orders that:
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The parties’ Initial Case Management Conference is set for March 16, 2016 at

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1:30 p.m. in Courtroom 11, 19th Floor, Philip Burton Federal Building, 450 Golden Gate Ave.,

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San Francisco, CA 94102.

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2.

The last day to file the Rule 26(f) Report, complete initial disclosures, and file a

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Joint Case Management Statement is March 9, 2016.

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Dated: January 29, 2016

ABBEY, WEITZENBERG, WARREN & EMERY, P.C.
100 Stony Point Road, Suite 200, P.O. Box 1566, Santa Rosa, CA 95402-1566
Telephone: [phone] Facsimile [phone]

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_______________________________
James Donato, U.S. District Judge

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STIPULATION AND [PROPOSED] ORDER SETTING INITIAL CASE MANAGEMENT CONFERENCE
DATE