A. Teichert & Son, Inc. v. Landmark American Insurance Company et al

Filing 26

STIPULATION AND ORDER granting 25 Request for Continuing Case Management Conference and Other Pending Deadlines filed by A. Teichert & Son, Inc. Case Management Statement due by 10/6/2017. Initial Case Management Conference reset for 10/13/2017 03:00 PM in Courtroom 1, 17th Floor, San Francisco. Signed by Judge Susan Illston on 6/6/2017. (afmS, COURT STAFF) (Filed on 6/6/2017)

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ROBERT W. O'CONNOR, SBN 96547
[e-mail]
SEAN-THOMAS P. THOMPSON, SBN 210529
[e-mail]
JOHN W. KLOTSCHE, SBN 257992
[e-mail]
O'CONNOR THOMPSON MCDONOUGH KLOTSCHE LLP
2500 Venture Oaks Way, Suite 150
Sacramento, CA 95833
Telephone: [phone]
Facsimile: 916-993-4541
Attorneys for Plaintiff,
A. Teichert & Son, Inc. dba Teichert Construction

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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A. TEICHERT & SON, INC. dba TEICHERT
CONSTRUCTION, a California corporation,

CASE NO. 16-cv-07094-SI

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STIPULATION AND [PROPOSED] ORDER
CONTINUING CASE MANAGEMENT
CONFERENCE AND OTHER PENDING
DEADLINES

Plaintiff,
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v.
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LANDMARK AMERICAN INSURANCE
COMPANY, an Oklahoma corporation;
COLONY INSURANCE COMPANY, a Virginia
corporation; and RSUI INDEMNITY
COMPANY, a New Hampshire corporation,

Case Management Date: June 30, 2017
Courtroom:
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Trial Date:
None Set

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Defendants.
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Pursuant to Civil Local Rule 6-2(a), Plaintiff A. Teichert & Son, Inc. dba Teichert

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Construction (“Plaintiff”) and Defendants Landmark American Insurance Company, Colony

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Insurance Company and RSUI Indemnity Company (collectively “Defendants”), by and through

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their respective counsel, hereby stipulate as follows:

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1.

On January 11, 2017, the Court entered a Notice of Initial Case Management

Conference (Document No. 16) setting a Case Management Conference for March 17, 2017.
2.

On February 28, 2017, pursuant to the parties’ stipulation, the Court entered an

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Order Continuing Case Management Conference and Other Pending Deadlines (Document No.

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24) that, among other things, continued the Case Management Conference to June 30, 2017.

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3.

For the reasons set forth below, the parties request that the Case Management
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Conference, and all currently pending deadlines, be re-scheduled to the dates requested in

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paragraph 8, below.

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4.

This action (the “Federal Action”) concerns insurance coverage issues arising

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from, among other things, claims being advanced in a state action titled San Luis Obispo

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County Flood Control and Water Conservation District v. A. Teichert & Son, Inc., et al., Contra

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Costa Superior Court, Case No. MSC15-02153 (the “State Action”).

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5.

In the State Action, the plaintiff and defendants initially agreed to participate in (1)

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a joint consultant meeting by April 14, 2017 (the “Joint Consultant Meeting”), and (2) mediation

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by June 1, 2017 using Michael G. Ornstil of JAMS as the mediator (the “Mediation”). However,

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in order to allow for the completion of additional discovery in the State Action (e.g., testing of

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pipe samples), the Joint Consultant Meeting and Mediation have been re-scheduled to July 19,

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2017 and August 29, 2017, respectively.

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6.

In this Federal Action, in an effort to further educate the Defendants on the

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Plaintiff’s claims and resolve those claims through ADR, Plaintiff has requested that the

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Defendants participate in both the Joint Consultant Meeting and Mediation.

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7.

The Defendants have agreed to participate in the Joint Consultant Meeting.

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Moreover, Defendant Colony Insurance Company has agreed to participate in the Mediation.

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Defendants Landmark American Insurance Company and RSUI Indemnity Company may

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agree to participate in the Mediation and will make their determination after they have

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participated in the Joint Consultant Meeting.

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8.

The Plaintiff and Defendants agree that a second continuance of the Case

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Management Conference, and all currently pending deadlines, will permit a more efficient case

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management, will serve the interests of judicial economy, and will conserve party and Court

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resources. Specifically, a continuance will allow more time for the Plaintiff and Defendants to

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participate in the Joint Consultant Meeting and, if agreeable, the Mediation, which, if

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successful, will resolve this Federal Action thereby eliminating the need for a Case

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Management Conference.

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00076656.1

9.

The Parties, therefore, request the following:
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a.

and rescheduled for September 27, 2017, or to another date that is convenient for the Court;

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The June 30, 2017 Case Management Conference be taken off calendar

b.

The Parties’ deadline to file the Joint Case Management Statement be

continued to seven (7) days prior to the new date for the Case Management Conference; and

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c.

The Parties’ deadline under Civil Local Rule 16-8 and ADR Local Rule 3-5

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for the filing of the ADR Certification and Stipulation to ADR Process or Notice of Need for ADR

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Phone Conference be continued to twenty-one (21) days prior to the new date for the Case

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Management Conference.

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10.

This is the parties’ second request for a modification to the deadlines set forth

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above.

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IT IS SO STIPULATED.

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DATED: June 6, 2017

O’CONNOR THOMPSON MCDONOUGH
KLOTSCHE LLP

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By: /s/ John W. Klotsche
JOHN W. KLOTSCHE
SEAN-THOMAS P. THOMPSON
Attorneys for Plaintiff, A. TEICHERT &
SON, INC. dba TEICHERT
CONSTRUCTION

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DATED: June 6, 2017

MUSICK, PEELER & GARRETT LLP

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By: /s/ Juan A. Torres
DAVID A. TARTAGLIO
JUAN A. TORRES
Attorneys for Defendants, LANDMARK
AMERICAN INSURANCE COMPANY
and RSUI INDEMNITY COMPANY

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DATED: June 6, 2017

CHARLSTON, REVICH & WOLLITZ LLP

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By: /s/ Jeffrey Charlston
JEFFREY CHARLSTON
Attorneys for Defendant, COLONY
INSURANCE COMPANY

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Case Management Conference set for October 13, 2017 at 3:00 p.m. before Judge Susan Illson.
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PURSUANT TO STIPULATION, IT IS ORDERED.

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6/6/2017
DATED: ________________

__________________________________________
THE HONORABLE SUSAN ILLSTON
UNITED STATES DISTRICT JUDGE

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