Mike Rose's Auto Body, Inc. v. Applied Underwriters Captive Risk Assurance Company, Inc.
Filing
52
STIPULATION AND ORDER re 51 CONTINUING HEARING AND BRIEFING SCHEDULE ON MOTION TO CONFIRM ARBITRATION AWARD filed by Mike Rose's Auto Body, Inc. Motion Hearing reset for 9/5/2018 01:30 PM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. Signed by Judge Edward M. Chen on 6/20/18. (bpfS, COURT STAFF) (Filed on 6/20/2018)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
NORTHERN DISTRICT OF CALIFORNIA
10
11
SAN FRANCISCO DIVISION
12
13
MIKE ROSE’S AUTO BODY, INC.,
14
15
16
17
Case No. 3:16-CV-01864-EMC
Plaintiff,
v.
APPLIED UNDERWRITERS CAPTIVE
RISK ASSURANCE COMPANY, INC.,
STIPULATION AND [PROPOSED]
ORDER CONTINUING HEARING AND
BRIEFING SCHEDULE ON MOTION TO
CONFIRM ARBITRATION AWARD
Defendant.
18
19
20
Plaintiff Mike Rose’s Auto Body, Inc. (“Plaintiff”) and Defendant Applied Underwriters
21
Captive Risk Assurance Company, Inc. (“Defendant”) (collectively, the “Parties”), by and through
22
their respective counsel of record, stipulate as follows:
RECITALS
23
24
25
26
1.
On May 24, 2018, the Parties appeared before the Court for a Case Management
Conference (the “CMC”).
2.
During the CMC, the Court set a hearing on Plaintiff’s Motion to Confirm
27
Arbitration Award (the “Motion”) for August 2, 2018 at 1:30 p.m. On June 14, 2018, the Court
28
reset the hearing on August 2, 2018 from 1:30 p.m. to 2:30 p.m.
STIPULATION AND [PROPOSED] ORDER
CASE NO.: 3:16-CV-01864-EMC
1
2
3.
During the CMC, the Court also set the following briefing schedule on Plaintiff’s
Motion to Confirm Arbitration Award:
3
June 21, 2018:
Last day for Plaintiff to file its Motion
4
July 5, 2018:
Last day for Defendant to file its Opposition
5
July 12, 2018:
Last day Plaintiff to file its Reply Brief
6
4.
Pursuant to the arbitration award, the arbitrator ordered Defendant to provide certain
7
calculations to Plaintiff concerning the Parties’ Reinsurance Participation Agreement, which is the
8
subject of this action. During the CMC, the Court advised the Parties that if Defendant needed
9
additional time beyond June 21, 2018 to provide the calculations to Plaintiff, the Parties could
10
11
notify the Court of the same and request a continuance of the hearing on the Motion.
5.
As of today, Defendant needs additional time to provide the calculations to Plaintiff.
12
Therefore, the Parties request that the hearing and briefing schedule be continued for at least another
13
30 days.
14
STIPULATION
15
The Parties hereby stipulate pursuant to Civil Local Rule 7-12 that the hearing on Plaintiff’s
16
Motion to Confirm Arbitration Award is continued from August 2, 2018 to September 5, 2018, or
17
as soon thereafter as is convenient for the Court, and that the corresponding briefing schedule on
18
the Motion to Confirm Arbitration Award is extended as follows:
19
Deadline for Plaintiff to file Motion to Confirm Arbitration Award: July 23, 2018
20
Deadline for Defendant to file its Opposition: August 6, 2018
21
Deadline for Plaintiff to file its Reply Brief: August 13, 2018
22
23
24
25
26
27
28
-2-
STIPULATION AND [PROPOSED] ORDER
CASE NO.: 3:16-CV-01864-EMC
1
Dated: June 15, 2018
BUCHMAN PROVINE BROTHERS SMITH LLP
2
3
By:/s/ Connor M. Day
Roger J. Brothers
Horace W. Green
Connor M. Day
Attorneys for Plaintiff Mike Rose’s Auto Body,
Inc.
4
5
6
7
8
Dated: June 15, 2018
HINSHAW & CULBERTSON LLP
9
By:/s/ Travis R. Wall
Spencer Y. Kook
Travis R. Wall
Jared W. Matheson
Attorneys for Defendant APPLIED
UNDERWRITERS CAPTIVE RISK
ASSURANCE COMPANY, INC.
10
11
12
13
14
15
18
19
20
The Parties change to the briefing schedule is accepted, and the hearing on the Motion to
9/5
1
30
Confirm Arbitration Award is continued to ________________, 2018, at ___:___ a.m./p.m.
IT IS SO ORDERED.
RT
ER
H
26
UNITED STATES DISTRICT JUDGE
. Chen
dward M
Judge E
NO
25
DATED: _________________
DERED
SO OR ED
__________________________________________
IT IS
FI
EDWARD M. S MODI
ACHEN
R NIA
24
6/20/18
FO
23
UNIT
ED
22
S DISTRICT
TE
C
TA
RT
U
O
S
21
PURSUANT TO STIPULATION, IT IS HEREBY ORDERED AS FOLLOWS:
LI
17
27
28
-3-
A
16
N
F
D IS T IC T O
R
C
STIPULATION AND [PROPOSED] ORDER
CASE NO.: 3:16-CV-01864-EMC
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?