The American Insurance Company v. R&Q Reinsurance Company

Filing 43

STIPULATION AND ORDER re 42 STIPULATION WITH [PROPOSED] ORDER re 39 MOTION to Dismiss The American Insurance Company's Amended Complaint and Supporting Memorandum of Points and Authorities Stipulation to Continue the Briefing Schedule filed by The American Insurance Company. Signed by Judge Jon S. Tigar on November 30, 2016. (wsn, COURT STAFF) (Filed on 11/30/2016)

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DENTONS US LLP
KELLY D. FAIR (Bar No. 245408)
[e-mail]
SHAWN L. KELLY (Pro Hac Vice)
[e-mail]
JOHN R. VALES (Pro Hac Vice)
[e-mail]
One Market Plaza, Spear Tower, 24th Floor
San Francisco, California 94105
Telephone: [phone]; Facsimile: [phone]

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Attorneys for Plaintiff The American Insurance Company
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UNITED STATES DISTRICT COURT

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DENTONS US LLP
ONE MARKET PLAZA , SPEAR TOWER, 24TH FLOOR
SAN FRANCISCO , CALIFORNIA 94105
[phone]

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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The American Insurance Company,
Plaintiff,

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Case No. 3:16-cv-3044-JST
STIPULATION TO CONTINUE THE
BRIEFING SCHEDULE ON R&Q
REINSURANCE COMPANY’S
MOTION TO DISMISS AMENDED
COMPLAINT

v.

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R&Q Reinsurance Company,

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Defendant.

Date: December 22, 2016

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Time: 2pm

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Courtroom: 9, 19th Floor

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Judge: Hon. Jon S. Tigar

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Pursuant to Local Rules 7-12 and 6-2, Plaintiff The American Insurance Company

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(“TAIC”) and Defendant R&Q Reinsurance Company’s (“R&Q Re”) (collectively, the “Parties”)

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hereby respectfully stipulate and jointly request that the Court continue the briefing schedule

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related to R&Q Re’s Motion to Dismiss TAIC’s Amended Complaint as follows:

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RECITALS

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1.

On October 12, 2016, the Court granted Defendant R&Q Re’s Motion to Dismiss

3:16-cv-3044-JST

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STIPULATION TO CONTINUE THE
BRIEFING SCHEDULE AND HEARING ON
R&Q RE’S MOTION TO DISMISS

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TAIC’s Complaint, with leave to amend. (Dkt. No. 35.)
2.

On November 2, 2016, TAIC timely filed its Amended Complaint. (Dkt. No. 38.)

3.

On November 15, 2016, R&Q Re timely filed a Motion to Dismiss TAIC’s

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Amended Complaint which is scheduled to be heard on December 22, 2016. (Dkt. No. 39.)

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TAIC’s deadline to oppose R&Q Re’s motion is November 29, 2016.

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4.

On November 18, 2016, the Parties’ counsel conducted a telephone conference

with the Court’s appointed ADR officer, Sarah Winslow. On that call the Parties could not reach

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DENTONS US LLP
ONE MARKET PLAZA , SPEAR TOWER, 24TH FLOOR
SAN FRANCISCO , CALIFORNIA 94105
[phone]

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a consensus on terms to continue R&Q Re’s motion to dismiss or to enlarge TAIC’s time to file

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its opposition brief.

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5.

On November 22, 2016, TAIC filed an administrative motion to continue R&Q

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Re’s Motion to Dismiss and enlarge TAIC’s time to oppose R&Q Re’s motion by two-weeks to
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account for the Thanksgiving Holiday and the unavailability of TAIC’s counsel and principals.
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(Dkt. Nos. 40, 40-1, and 40-2.)
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6.

On November 28, 2016, R&Q Re filed a response to TAIC’s administrative

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motion agreeing to continue the briefing schedule related to R&Q Re’s motion. In its response,

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R&Q Re proposed to the Court that its motion to dismiss is suitable for disposition without oral

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argument. (Dkt. Nos. 41, 41-1, and 41-2.)

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7.

The Parties disagree whether the Court should hear oral argument on R&Q Re’s

motion to dismiss and acknowledge that this decision is within the Court’s discretion.

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8.

Principals for R&Q Re and TAIC have recently engaged in settlement discussions,

including an exchange of written settlement communications. A Settlement Conference is
scheduled for January 3, 2017 before the Honorable U.S. District Court for the Northern District
of Illinois Magistrate Judge Maria Valdez.
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The only other enlargement of time requested in this case was the Parties’

stipulation to extend R&Q Re’s time to file a reply brief in support of its first Motion to Dismiss.
3:16-cv-3044-JST

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STIPULATION TO CONTINUE THE
BRIEFING SCHEDULE AND HEARING ON
R&Q RE’S MOTION TO DISMISS

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(Dkt. No. 24.)
10.

Granting this stipulation should have no impact on the schedule of this case other

than to suspend or delay motion practice while the Parties continue settlement negotiations.

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11.

Pursuant to the foregoing, the Parties hereby stipulate and agree to the following

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continuation of the briefing schedule related to R&Q Re’s Motion to Dismiss (Dkt. No. 39), and

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request the Court’s approval of their stipulation to the proposed briefing schedule as follows:

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DENTONS US LLP
ONE MARKET PLAZA , SPEAR TOWER, 24TH FLOOR
SAN FRANCISCO , CALIFORNIA 94105
[phone]

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Event

Previous
Date

Stipulated/Requested
New Date

Last Day to Oppose R&Q Re’s Motion to
Dismiss

11/29/16

12/20/16

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Last Day to File Reply Brief in support of
Motion to Dismiss

12/6/16

1/10/17

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Hearing on R&Q Re’s Motion to Dismiss

12/22/16

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2/2/17

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DENTONS US LLP
Dated: November 29, 2016

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By /s/ Kelly D. Fair
Kelly D. Fair

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Attorneys for Plaintiff The American Insurance
Company

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Dated: November 29, 2016

SEGAL MCCAMBRIDGE SINGER &
MAHNEY, LTD

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By /s/ Timothy C. Connor
Timothy C. Connor

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Attorneys for R&Q Reinsurance Company

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3:16-cv-3044-JST

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STIPULATION TO CONTINUE THE
BRIEFING SCHEDULE AND HEARING ON
R&Q RE’S MOTION TO DISMISS

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CERTIFICATION
Pursuant to Local Rule 5-1(i)(3), the filing attorney attests that he has obtained
concurrence regarding the filing of this document from the indicated signatories to the document.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: November 30 2016
__________,
Honorable Jon S. Tigar
United States District Judge

DENTONS US LLP
ONE MARKET PLAZA , SPEAR TOWER, 24TH FLOOR
SAN FRANCISCO , CALIFORNIA 94105
[phone]

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101977504\V-1

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3:16-cv-3044-JST

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STIPULATION TO CONTINUE THE
BRIEFING SCHEDULE AND HEARING ON
R&Q RE’S MOTION TO DISMISS