Mike Rose's Auto Body, Inc. v. Applied Underwriters Captive Risk Assurance Company, Inc.

Filing 17

STIPULATION AND ORDER re 16 STIPULATION WITH PROPOSED ORDER CONTINUING INITIAL CASE MANAGEMENT CONFERENCE AND CORRESPONDING DEADLINES filed by Applied Underwriters Captive Risk Assurance Company, Inc. Case Management Statement due by 9/29/2016. Initial Case Management Conference set for 10/6/2016 09:30 AM in Courtroom 5, 17th Floor, San Francisco. Signed by Judge Edward M. Chen on 7/20/16. (bpfS, COURT STAFF) (Filed on 7/20/2016)

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SPENCER Y. KOOK (SBN 205304)
[e-mail]
HINSHAW & CULBERTSON LLP
633 West 5th Street, 47th Floor
Los Angeles, CA 90071-2043
Telephone:
213-680-2800
Facsimile:
213-614-7399
TRAVIS WALL (SBN 191662)
[e-mail]
JARED W. MATHESON (SBN 275459)
[e-mail]
HINSHAW & CULBERTSON LLP
One California Street, 18th Floor
San Francisco, CA 94111
Telephone:
415-362-6000
Facsimile:
415-834-9070
Attorneys for Defendant APPLIED UNDERWRITERS CAPTIVE RISK ASSURANCE
COMPANY, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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MIKE ROSE’S AUTO BODY, INC.,

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Plaintiff,
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vs.
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APPLIED UNDERWRITERS CAPTIVE RISK )
ASSURANCE COMPANY, INC.,
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Defendant.
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)

Case No. 16-CV-01864-EMC
STIPULATION AND [PROPOSED]
ORDER CONTINUING INITIAL CASE
MANAGEMENT CONFERENCE AND
CORRESPONDING DEADLINES
[Civil Local Rules 16-2(e), 7-12]
Judge Edward M. Chen
Complaint Filed: April 11, 2016

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STIPULATION AND [PROPOSED] ORDER CONTINUING INITIAL CASE MANAGEMENT
CONFERENCE AND CORRESPONDING DEADLINES
Case No. 16-CV-01864-EMC

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Plaintiff Mike Rose's Auto Body, Inc. (“Plaintiff”) and Defendant Applied Underwriters

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Captive Risk Assurance Company, Inc. (“Defendant”) (collectively “the Parties”), through their

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counsel stipulate as follows:

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RECITALS

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1.

Plaintiff filed the Complaint initiating this action on or about April 11, 2016.

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The Summons and Complaint were served on May 11, 2016 through a waiver of

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service of summons.
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3.

By Order dated June 7, 2016, the Court set the initial Case Management Conference

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in this matter for August 4, 2016 at 9:30 AM. Dkt. No. 8.
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4.

On July 8, 2016, Defendant filed a Motion to Compel Arbitration and Stay the

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Action, which is set for hearing on August 25, 2016.
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5.

In light of the pending motion, the Parties agree that it is most efficient to continue

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the initial Case Management Conference to early October so that the Court can rule on Defendant's
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motion to compel arbitration before the Parties meet and confer about case management issues and
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make initial disclosures.
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6.

This is the Parties’ first request for a continuance of the initial Case Management

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Conference and corresponding deadlines. The continuation will not affect any other scheduled dates
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or deadlines. The Parties do not anticipate the need for a further continuance.
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STIPULATION

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The Parties hereby stipulate pursuant to Civil Local Rules 16-2(e) and 7-12 that the initial
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Case Management Conference is continued from August 4, 2016 to October 6, 2016, or as soon
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thereafter as is convenient for the Court, and that the corresponding deadlines are extended as
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follows:
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Deadline to confer as required by Federal Rule of Civil Procedure 26(f): September
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15, 2016;
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Deadline to submit Joint Status Report: September 29, 2016.
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STIPULATION AND [PROPOSED] ORDER CONTINUING INITIAL CASE MANAGEMENT
CONFERENCE AND CORRESPONDING DEADLINES
Case No. 16-CV-01864-EMC

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Dated: July 14, 2016

HINSHAW & CULBERTSON LLP

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By: /s/ Travis Wall
SPENCER Y. KOOK
TRAVIS R. WALL
JARED W. MATHESON
Attorneys for Defendant APPLIED
UNDERWRITERS CAPTIVE RISK
ASSURANCE COMPANY, INC.

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Dated: July 14, 2016

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BUCHMAN PROVINE BROTHERS SMITH
LLP
By: /s/ Connor M. Day
ROGER J. BROTHERS
HORACE W. GREEN
CONNOR M. DAY
Attorneys for Plaintiff MIKE ROSE’S AUTO
BODY, INC.

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SIGNATURE ATTESTATION

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I hereby attest that I have obtained the concurrence of Connor M. Day, Esq., counsel for
Plaintiff Mike Rose’s Auto Body, Inc., for the filing of this stipulation.
/s/ Travis Wall
TRAVIS. WALL

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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________________________________________
DERED
SO OR
EDWARD M. IT IS
CHEN
UNITED STATES DISTRICT JUDGE
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M. Che
Edward
Judge

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7/20/16
DATED: _____________

UNIT
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STIPULATION AND [PROPOSED] ORDER CONTINUING INITIAL CASE MANAGEMENT
CONFERENCE AND CORRESPONDING DEADLINES
Case No. 16-CV-01864-EMC