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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1 2 3 4 5 6 7 ROBERT W. O'CONNOR, SBN 96547 bob@otmklaw.com SEAN-THOMAS P. THOMPSON, SBN 210529 sean@otmklaw.com JOHN W. KLOTSCHE, SBN 257992 john@otmklaw.com O'CONNOR THOMPSON MCDONOUGH KLOTSCHE LLP 2500 Venture Oaks Way, Suite 150 Sacramento, CA 95833 Telephone: 916-993-4540 Facsimile: 916-993-4541 Attorneys for Plaintiff, A. Teichert & Son, Inc. dba Teichert Construction 8 9 IN THE UNITED STATES DISTRICT COURT 10 FOR THE NORTHERN DISTRICT OF CALIFORNIA 11 A. TEICHERT & SON, INC. dba TEICHERT CONSTRUCTION, a California corporation, CASE NO. 16-cv-07094-SI 12 STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND OTHER PENDING DEADLINES Plaintiff, 13 v. 14 15 16 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: 1 Trial Date: None Set 17 Defendants. 18 19 Pursuant to Civil Local Rule 6-2(a), Plaintiff A. Teichert & Son, Inc. dba Teichert 20 Construction (“Plaintiff”) and Defendants Landmark American Insurance Company, Colony 21 Insurance Company and RSUI Indemnity Company (collectively “Defendants”), by and through 22 their respective counsel, hereby stipulate as follows: 23 24 25 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 26 Order Continuing Case Management Conference and Other Pending Deadlines (Document No. 27 24) that, among other things, continued the Case Management Conference to June 30, 2017. 28 00076656.1 3. For the reasons set forth below, the parties request that the Case Management -112837770.1 1 Conference, and all currently pending deadlines, be re-scheduled to the dates requested in 2 paragraph 8, below. 3 4. This action (the “Federal Action”) concerns insurance coverage issues arising 4 from, among other things, claims being advanced in a state action titled San Luis Obispo 5 County Flood Control and Water Conservation District v. A. Teichert & Son, Inc., et al., Contra 6 Costa Superior Court, Case No. MSC15-02153 (the “State Action”). 7 5. In the State Action, the plaintiff and defendants initially agreed to participate in (1) 8 a joint consultant meeting by April 14, 2017 (the “Joint Consultant Meeting”), and (2) mediation 9 by June 1, 2017 using Michael G. Ornstil of JAMS as the mediator (the “Mediation”). However, 10 in order to allow for the completion of additional discovery in the State Action (e.g., testing of 11 pipe samples), the Joint Consultant Meeting and Mediation have been re-scheduled to July 19, 12 2017 and August 29, 2017, respectively. 13 6. In this Federal Action, in an effort to further educate the Defendants on the 14 Plaintiff’s claims and resolve those claims through ADR, Plaintiff has requested that the 15 Defendants participate in both the Joint Consultant Meeting and Mediation. 16 7. The Defendants have agreed to participate in the Joint Consultant Meeting. 17 Moreover, Defendant Colony Insurance Company has agreed to participate in the Mediation. 18 Defendants Landmark American Insurance Company and RSUI Indemnity Company may 19 agree to participate in the Mediation and will make their determination after they have 20 participated in the Joint Consultant Meeting. 21 8. The Plaintiff and Defendants agree that a second continuance of the Case 22 Management Conference, and all currently pending deadlines, will permit a more efficient case 23 management, will serve the interests of judicial economy, and will conserve party and Court 24 resources. Specifically, a continuance will allow more time for the Plaintiff and Defendants to 25 participate in the Joint Consultant Meeting and, if agreeable, the Mediation, which, if 26 successful, will resolve this Federal Action thereby eliminating the need for a Case 27 Management Conference. 28 00076656.1 9. The Parties, therefore, request the following: -212837770.1 1 2 a. and rescheduled for September 27, 2017, or to another date that is convenient for the Court; 3 4 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 5 c. The Parties’ deadline under Civil Local Rule 16-8 and ADR Local Rule 3-5 6 for the filing of the ADR Certification and Stipulation to ADR Process or Notice of Need for ADR 7 Phone Conference be continued to twenty-one (21) days prior to the new date for the Case 8 Management Conference. 9 10. This is the parties’ second request for a modification to the deadlines set forth 10 above. 11 IT IS SO STIPULATED. 12 DATED: June 6, 2017 O’CONNOR THOMPSON MCDONOUGH KLOTSCHE LLP 13 14 By: /s/ John W. Klotsche JOHN W. KLOTSCHE SEAN-THOMAS P. THOMPSON Attorneys for Plaintiff, A. TEICHERT & SON, INC. dba TEICHERT CONSTRUCTION 15 16 17 18 19 DATED: June 6, 2017 MUSICK, PEELER & GARRETT LLP 20 By: /s/ Juan A. Torres DAVID A. TARTAGLIO JUAN A. TORRES Attorneys for Defendants, LANDMARK AMERICAN INSURANCE COMPANY and RSUI INDEMNITY COMPANY 21 22 23 24 25 DATED: June 6, 2017 CHARLSTON, REVICH & WOLLITZ LLP 26 By: /s/ Jeffrey Charlston JEFFREY CHARLSTON Attorneys for Defendant, COLONY INSURANCE COMPANY 27 28 00076656.1 -312837770.1 Case Management Conference set for October 13, 2017 at 3:00 p.m. before Judge Susan Illson. 1 2 PURSUANT TO STIPULATION, IT IS ORDERED. 3 4 5 6/6/2017 DATED: ________________ __________________________________________ THE HONORABLE SUSAN ILLSTON UNITED STATES DISTRICT JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 00076656.1 -412837770.1

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