Centurion Real Estate Partners, LLC et al v. Arch Insurance Company

Filing 28

ORDER as MODIFIED re 26 STIPULATION WITH PROPOSED ORDER TO CONTINUE SUMMARY JUDGMENT MOTION HEARING DEADLINE AND DISCOVERY CUT-OFF DATES filed by Arch Insurance Company. Discovery due by 11/1/2016. Motion Hearing set for 12/15/2016 10:00 AM in Courtroom 4, 17th Floor, San Francisco before Hon. Vince Chhabria. Signed by Judge Vince Chhabria on 8/2/2016. ***PLEASE DISREGARD DKT. NO. 27 .***(knm, COURT STAFF) (Filed on 8/2/2016)

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EILEEN R. RIDLEY, CA Bar No. 151735
[e-mail]
NICHOLAS P. HONKAMP, CA Bar No. 261299
[e-mail]
FOLEY & LARDNER LLP
555 CALIFORNIA STREET
SUITE 1700
SAN FRANCISCO, CA 94104-1520
TELEPHONE: [phone]
FACSIMILE: 415.434.4507

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Attorneys for Defendant
ARCH INSURANCE COMPANY

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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CENTURION REAL ESTATE PARTNERS,
LLC; CENTURION REAL ESTATE
INVESTORS IV, LLC; MISSION PLACE,
LLC; AMERICAN GUARANTEE &
LIABILITY INSURANCE COMPANY;
ZURICH AMERICAN INSURANCE
COMPANY; WESTCHESTER SURPLUS
LINES INSURANCE COMPANY,

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Plaintiffs,

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vs.
ARCH INSURANCE COMPANY,

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Defendant.

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Case No. 3:16-cv-00218-VC
STIPULATION AND PROPOSED ORDER
TO CONTINUE SUMMARY JUDGMENT
MOTION HEARING DEADLINE AND
DISCOVERY CUT-OFF DATES
AS MODIFIED

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STIPULATION AND PROPOSED ORDER TO CONTINUE

Case No. 3:16-cv-00218-VC
4843-8991-8773.1

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Pursuant to Local Rule 6-2, Plaintiffs Centurion Real Estate Partners, LLC, Centurion

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Real Estate Investors IV, LLC, Mission Place, LLC, American Guarantee & Liability Insurance

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Company, Zurich American Insurance Company and Westchester Surplus Lines Insurance

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Company (collectively the “Plaintiffs”) and Defendant Arch Insurance Company (“Defendant”)

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(collectively the “Parties”), by and through their respective counsel of record, hereby stipulate as

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follows:

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RECITALS

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1.

On April 12, 2016, this Court issued a minute order which set the following

litigation deadlines:

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Ÿ September 2, 2016 - discovery cutoff for issues of the duty to defend and

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indemnify;

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Ÿ September 2, 2016 - expert discovery cutoff; and

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Ÿ October 20, 2016 – motion for summary judgment deadline regarding the duty to

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defend and indemnify.

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2.

The minute order issued by this Court on April 12, 2016, was the first order

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issued in this case setting litigation deadlines, and the instant stipulation is the first request by the

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Parties to extend these deadlines.

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3.

The Court has not yet set a trial date in this matter.

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4.

On May 10, 2016, this Court entered an order adopting the Parties’ stipulation to

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complete private mediation by November 6, 2016, which falls after the current summary

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judgment hearing deadline (October 20, 2016).

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5.

The Parties are actively engaged in settlement discussions, with each Party having

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already exchanged settlement positions supported by law and fact. Plaintiffs have provided Arch

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with a formal settlement demand and Arch is in the process of responding . Further, the Parties

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are currently in discussions to schedule a private mediation in the short term.

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6.

The Parties have completed disclosures and are now engaged in written discovery.

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STIPULATION AND PROPOSED ORDER TO CONTINUE

-14843-8991-8773.1

Case No. 3:16-cv-00218-VC

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Plaintiffs have determined that there are over 100 gigabytes (one million pages) worth of

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potentially relevant documents relating to the underlying liability action, which was litigated

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over the course of 10 years. The Parties recognize that substantial time and resources will have

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to be devoted written and document discovery in order to reach resolution, and even more so if

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this litigation proceeds to dispositive motions or trial.

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7.

The Parties agree that a 60-day continuance of the discovery cut-off dates and

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motion for summary judgment deadline will allow the Parties sufficient time to evaluate the

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voluminous documentary evidence to finalize their respective settlement positions, will afford

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the Parties sufficient time to evaluate voluminous documentary evidence to define expert

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witnesses, will allow the Parties sufficient time to complete discovery, will allow the Parties to

11 defer significant costs, which, in turn, will increase the prospects of settlement at this stage in the
12 litigation, will not adversely impact trial scheduling in this case, and will help will serve the
13 interests of judicial economy, and will potentially conserve Party and Court resources.
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STIPULATION

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NOW, THEREFORE, the Parties hereby stipulate and agree, through their respective
counsel, as follows:

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1.

The discovery cutoff for issues of the duty to defend and indemnity is extended to

November 1, 2016.

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2.

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3.

The expert discovery cutoff is extended to November 1, 2016.

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The deadline for hearings on motions for summary adjudication on the duty to
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defend or indemnify is extended to December 20, 2016.

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STIPULATION AND PROPOSED ORDER TO CONTINUE

-24843-8991-8773.1

Case No. 3:16-cv-00218-VC

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IT IS SO STIPULATED

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Dated: July 29, 2016

/s/ Nicholas P. Honkamp
NICHOLAS P. HONKAMP
Attorney for Defendant
ARCH INSURANCE
COMPANY

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/s/ Christine Fierro
CHRISTINE FIERRO
Attorney for Plaintiffs

Dated: July 29, 2016

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PURSUANT TO STIPULATION, IT IS SO ORDERED

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ERED
O ORD D
IT IS S
DIFIE
AS MO

NO

HONORABLE VINCE CHHABRIA
United States District Judge hhabr ia
ince C
J u d ge V
ATTESTATION PURSUANT TO CIVIL LOCAL RULE 5-1

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R NIA

Dated: ____________________
August 2, 2016

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UNIT
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ISTRIC
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Pursuant to Local Rule 5-1(i)(3), I hereby attest that concurrence in the filing of this

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F
D IS T IC T O
20 Stipulation has been obtained from all signatories to the Stipulation. R
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Dated: July 29, 2016

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/s/ Nicholas P. Honkamp
NICHOLAS P. HONKAMP
Attorney for Defendant
ARCH INSURANCE
COMPANY

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STIPULATION AND PROPOSED ORDER TO CONTINUE

-34843-8991-8773.1

Case No. 3:16-cv-00218-VC