Fraser et al v. Nationwide Mutual Insurance Company

Filing 51

STIPULATION AND ORDER re 50 Extending Time to File A Joint Status Report and Continuing Date of Status Conference filed by Nationwide Mutual Insurance Company, Scottsdale Insurance Company. Status Report due by 5/10/2018. Status Conference reset for 5/17/2018 10:30 AM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. Signed by Judge Edward M. Chen on 4/13/18. (bpfS, COURT STAFF) (Filed on 4/13/2018)

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LISA K. HORGAN, Bar No. 267632
[e-mail]
COURTNEY M. OSBORN, Bar No. 312011
[e-mail]
LITTLER MENDELSON, P.C.
333 Bush Street
34th Floor
San Francisco, California 94104
Telephone:
415.433.1940
Facsimile:
415.399.8490
JAMES J. OH, (Admitted pro hac vice)
[e-mail]
LITTLER MENDELSON, P.C.
321 N. Clark Street, Suite 1000
Chicago, IL 60654
Telephone: [phone]
Facsimile: 312.602.3807
Attorneys for Defendant
NATIONWIDE MUTUAL INSURANCE
COMPANY and SCOTTSDALE INSURANCE
COMPANY

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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JULIAN FRASER, JOSEPH WUCHER,
IRENE DAMSKY, KIM ZAIA, and
CHRIS JACKSON as individuals and in
their representative capacity,
Plaintiff,
v.

Case No. 3:17-cv-03702-EMC
STIPULATION AND [PROPOSED]
ORDER EXTENDING TIME TO FILE A
JOINT STATUS REPORT AND
CONTINUING DATE OF STATUS
CONFERENCE

NATIONWIDE MUTUAL INSURANCE
COMPANY, a corporation,
SCOTTSDALE INSURANCE
COMPANY, dba Nationwide
E&S/Specialty, a corporation,
Defendant.

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LITTLE R MEND ELSO N, P .C .
333 Bush Street
34th Floor
San Francisco, CA 94104
415.433.1940

STIP AND PROP ORDER EXTENDING TIME
FOR JOINT STATUS REPORT AND
CONTINUING STATUS CONFERENCE

1.

CASE NO. 3:17-CV-03702-EMC

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STEVEN G. ZIEFF (SBN: 84222)
Email: [e-mail]
CHAYA M. MANDELBAUM (SBN: 239084)
Email: [e-mail]
WILLIAM P. MCELHINNY (SBN: 296259)
Email: [e-mail]
RUDY, EXELROD, ZIEFF & LOWE, L.L.P.
351 California Street, Suite 700
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs,
JULIAN FRASER, et al.

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LITTLE R MEND ELSO N, P .C .
333 Bush Street
34th Floor
San Francisco, CA 94104
415.433.1940

STIP AND PROP ORDER EXTENDING TIME
FOR JOINT STATUS REPORT AND
CONTINUING STATUS CONFERENCE

2.

CASE NO. 3:17-CV-03702-EMC

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WHEREAS, Plaintiffs Julian Fraser, Joseph Wucher, Irene Damsky, Kim Zaia, and Chris

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Jackson (collectively, “Plaintiffs”) filed a Complaint against Defendant Nationwide Mutual

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Insurance Company on or about June 28, 2017, in the Northern District of California; and

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WHEREAS, on September 26, 2017, Plaintiffs filed a First Amended Complaint based on the

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Parties’ Joint Stipulation for Leave to File the First Amended Complaint and the Court’s Order

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regarding the same; and

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WHEREAS, following the Court’s November 29, 2017 Order extending the deadline to

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attend private mediation, from March 21, 2018 to April 2, 2018, and the time for the Parties to file

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their joint status report to April 12, 2018, and the date of the status conference to April 19, 2018; and

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WHEREAS, following the Court’s November 29, 2017 order extending the deadline to

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attend private mediation from March 21, 2018 to April 2, 2018, the parties engaged in mediation on

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April 2, 2018 with Jeffrey Ross;

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WHEREAS, the Parties are continuing to actively engage in settlement negotiations and

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believe it would be more efficient and effective to briefly continue the Status Conference to allow

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the parties time to determine whether they will be able to resolve the matter; and

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IT IS HEREBY STIPULATED by and between the Parties, through their respective counsel
of record herein, that:

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 Subject to the Court’s convenience and Order, the deadline to file a joint status report,

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currently set for April 12, 2018, shall be extended to one week before the continued

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status conference, so that the parties can inform the Court of the outcome of the

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mediation and their further negotiations; and

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 Subject to the Court’s convenience and Order, the status conference set for April 19,
2018, shall be continued to April 26, 2018, at 10:30 a.m.

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 In the event that April 26, 2018, at 10:30 a.m. is not convenient for the Court, and

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understanding that the Court is unavailable from May 2-9, 2018, the Parties are also

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available to conduct the status conference on May 10, 2018 at 10:30 a.m.

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LITTLE R MEND ELSO N, P .C .
333 Bush Street
34th Floor
San Francisco, CA 94104
415.433.1940

STIP AND PROP ORDER EXTENDING TIME
FOR JOINT STATUS REPORT AND
CONTINUING STATUS CONFERENCE

3.

CASE NO. 3:17-CV-03702-EMC

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Dated:

April 12, 2018

Respectfully submitted,
LITTLER MENDELSON, P.C.

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/s/ Lisa K. Horgan
LISA K. HORGAN
JAMES J. OH
COURTNEY M. OSBORN
Attorneys for Defendant

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Dated:

April 12, 2018

Respectfully submitted,
RUDY, EXELROD, ZIEFF & LOWE, LLP

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/s/ Chaya M. Mandelbaun
CHAYA M. MANDELBAUM
WILLIAM P. MCELHINNY
Attorneys for Defendant

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FILER’S ATTESTATION

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Pursuant to Local Rule 5-1, I, the filer of this document, attest that all other signatories listed,
and on whose behalf the filing is submitted, concur in the filing’s content and have authorized the
filing.
/s/ Lisa K. Horgan
Lisa K. Horgan
LITTLER MENDELSON, P.C.

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LITTLE R MEND ELSO N, P .C .
333 Bush Street
34th Floor
San Francisco, CA 94104
415.433.1940

STIP AND PROP ORDER EXTENDING TIME
FOR JOINT STATUS REPORT AND
CONTINUING STATUS CONFERENCE

4.

CASE NO. 3:17-CV-03702-EMC

[PROPOSED] ORDER

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5/10

The deadline for the Parties to file a joint status report shall be extended to ________, 2018.
5/17
The status conference set for April 19, 2018, shall be moved to ________, 2018, at 10:30 a.m.

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IT IS SO ORDERED.

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4/13

DATED: ___________________, 2018

NO

___________________________________
THE HONORABLE EDWARD M. CHEN
. Chen
dward M
United States E
Judge District Judge

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THEREFOR, IT IS HEREBY ORDERED THAT:

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PURSUANT TO THE FOREGOING STIPULATION AND GOOD CAUSE

Firmwide:154012294.3 092236.1005

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LITTLE R MEND ELSO N, P .C .
333 Bush Street
34th Floor
San Francisco, CA 94104
415.433.1940

STIP AND PROP ORDER EXTENDING TIME
FOR JOINT STATUS REPORT AND
CONTINUING STATUS CONFERENCE

5.

CASE NO. 3:17-CV-03702-EMC