Atain Specialty Insurance Company v. U.S. Catering Truck Manufacturing, LCC et al
Filing
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STIPULATION AND ORDER TO AMEND SCHEDULING ORDER AND CASE DEALINES - Fact discovery cutoff: 1/20/2017. Dispositive motions to be heard by 3/29/2017. Final Pretrial Conference set for 5/22/2017 02:00 PM and Jury Trial set for 6/19/2017 08:30 AM, both in Courtroom 12, 19th Floor, San Francisco before Hon. William H. Orrick. Signed by Judge William H. Orrick on 07/20/2016. (jmdS, COURT STAFF) (Filed on 7/20/2016)
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1 ROBERT P. HAMILTON, ESQUIRE - State Bar #115744
ZACHARY S. TOLSON, ESQUIRE - State Bar #242824
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2 GOODMAN NEUMAN HAMILTON LLP
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417 Montgomery Street, 10 Floor
3 San Francisco, California 94104
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Telephone: (415) 705-0400
(415) 705-0411
4 Facsimile:
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5 Attorneys for Third Party Defendants
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DAVID SMITH AND TRANS BAY INSURANCE AGENCY, INC.
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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10 ATAIN SPECIALTY
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Case No. 3:15-cv-05379-WHO
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STIPULATION AND APPLICATION
TO AMEND SCHEDULING ORDER
AND CASE DEADLINES
INSURANCE COMPANY, a
11 Michigan corporation,
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Plaintiff,
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13 vs.
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14 U.S. CATERING TRUCK
Complaint Filed: November 25, 2015
Trial Date:
March 6, 2017
16 MANUFACTURING, LLC, a
15 California limited liability company,
17 and LUIS SOTO, an individual
16 doing business as U.S. CATERING
18 PARTS,
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Defendants.
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19 U.S. CATERING TRUCK
21 MANUFACTURING, LLC, and
20 LUIS SOTO
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21 vs.
Third Party Plaintiffs,
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22 DAVID SMITH and TRANS BAY
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INSURANCE AGENCY, INC.
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Third Party Defendants.
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25 AND RELATED ACTIONS.
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Goodman Neuman
Goodman Neuman
Hamilton LLP LLP
Hamilton
417 Montgomery StreetStreet
417 Montgomery
10th FloorFloor
10th
San Francisco, CA 94104
San Francisco, CA 94104
Tel.: (415) (415) 705-0400
Tel.: 705-0400
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-1STIPULATION AND APPLICATION TO AMEND
CASE SCHEDULING ORDER AND DEADLINES
STIPULATION AND APPLICATION
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Pursuant to Federal Rules of Civil Procedure 16(b)(4) and Local Rules 6-2,
3 7-12, and 16-2(d), the parties hereby stipulate to the following in submitting this
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4 joint request to continue the trial and related dates:
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1. The Complaint was filed November 25, 2015. On February 24, 2016 the
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Court issued a Civil Pretrial (scheduling) Order. (See Pacer Doc. 20.)
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2. Among other deadlines, the scheduling order set the trial date for March
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6, 2017 and a deadline to add parties of May 13, 2016.
3. Per the Court’s orders dated February 23, 2016 and April 11, 2016, the
Parties were ordered to participate in mediation before July 29, 2016.
4. All parties in this case have stipulated and do hereby request a short
continuance of all of the case deadlines, trial, and related dates.
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In addition to the stipulation, good cause for the continuance exists because:
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1. Third-Party Defendants DAVID SMITH and TRANS BAY
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INSURANCE AGENCY, INC. were named as parties on the last day to
do so, May 13 ,2016 (see Pacer Doc. 23), and appeared in this case via
Answer on June 23, 2016 (see Pacer Doc. 34). This leaves about four
months in which to conduct discovery, which the parties do not expect to
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be sufficient time given the number of parties in the case, complexity of
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issues, and needs of the case. Additionally, the parties have not had
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sufficient time to investigate this matter before the current mediation
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deadline on July 29, 2016.
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2. Trial is set for March 6, 2017 and a Pre-trial Conference is set for
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417 Montgomery StreetStreet
417 Montgomery
10th FloorFloor
10th
San Francisco, CA 94104
San Francisco, CA 94104
Tel.: (415) (415) 705-0400
Tel.: 705-0400
SMITH and TRANS BAY INSURANCE AGENCY, INC. already has a
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Goodman Neuman
Goodman Neuman
Hamilton LLP LLP
Hamilton
February 6, 2017, however counsel for Third-Party Defendants DAVID
multi-week trial set to begin on February 6, 2017 and another multi-week
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trial set to begin on March 13, 2017, which dates conflict with the trial in
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this case.
-2STIPULATION AND APPLICATION TO AMEND
CASE SCHEDULING ORDER AND DEADLINES
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3. There have been no prior requests for continuance.
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Accordingly, the parties hereby agree and request that the case schedule
3 should be modified as follows:
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Event
Old Dates
New Dates
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Deadline to amend/add parties
May 13, 2016
N/A
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Deadline to complete
mediation
July 29, 2016
September 30, 2016
Fact discovery cutoff
November 2, 2016
January 20, 2017
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Expert disclosures
November 2, 2016
February 3, 2017
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Expert rebuttal
December 2, 2016
February 17, 2017
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Expert discovery cutoff
January 2, 2017
March 17, 2017
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Dispositive Motions heard by
November 30, 2016
April 12, 2017
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Pre-trial Conference
February 6, 2017
April 17, 2017
Trial
March 6, 2017
May 22, 2017
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17 DATED: July 15, 2016
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GOODMAN NEUMAN HAMILTON LLP
By: /s/ Zachary S. Tolson
ROBERT P. HAMILTON
ZACHARY S. TOLSON
Attorneys for Third Party Defendants
DAVID SMITH AND TRANS BAY
INSURANCE AGENCY, INC.
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22 DATED: July 15, 2016
BOORNAZIAN, JENSEN & GARTHE
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By: /s/ Ian E. Anderson
THOMAS E. MULVIHILL
TAMIKO A. DUNHAM
IAN E. ANDERSON
Attorneys for Plaintiff
ATAIN SPECIALTY INSURANCE
COMPANY
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Goodman Neuman
Goodman Neuman
Hamilton LLP LLP
Hamilton
417 Montgomery StreetStreet
417 Montgomery
10th FloorFloor
10th
San Francisco, CA 94104
San Francisco, CA 94104
Tel.: (415) (415) 705-0400
Tel.: 705-0400
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-3STIPULATION AND APPLICATION TO AMEND
CASE SCHEDULING ORDER AND DEADLINES
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1 DATED: July 15, 2016
BURNHAM BROWN
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By: /s/ Alison F. Green
GREGORY D. BROWN
ALISON F GREENE
Attorneys for Defendants, CounterClaimants, and Third-Party Plaintiffs
LUIS SOTO and U.S. CATERING
TRUCK MANUFACTURING, LLC
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CASE MANAGEMENT ORDER
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As modified below, the above Stipulated Amended Case Scheduling Order
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11 is hereby ORDERED to be the schedule for this case and all parties shall comply
10 with its provisions:
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Last day for dispositive hearing: March 29, 2017
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Pre-trial Conference:
May 22, 2017
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Trial:
June 19, 2017
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15 DATED: July 20, 2016
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By:
JUDGE WILLIAM H. ORRICK
DISTRICT COURT JUDGE
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Goodman Neuman
Goodman Neuman
Hamilton LLP LLP
Hamilton
417 Montgomery StreetStreet
417 Montgomery
10th FloorFloor
10th
San Francisco, CA 94104
San Francisco, CA 94104
Tel.: (415) (415) 705-0400
Tel.: 705-0400
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-4STIPULATION AND APPLICATION TO AMEND
CASE SCHEDULING ORDER AND DEADLINES
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