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)

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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

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