Hartford Casualty Insurance Company et al v. Teed

Filing 33

STIPULATION AND ORDER RE 32 TO CONTINUE CASE MANAGEMENT CONFERENCE AND TO EXTEND TIME TO RESPOND TO COUNTERCLAIM AS MODIFIED BY THE COURT. Case Management Statement due by 10/18/2018. Initial Case Management Conference previously set for 9/6/2018 has been continued to 10/25/2018 at 10:00 AM in San Francisco, Courtroom 03, 17th Floor. Signed by Judge Richard Seeborg on 8/30/18. (cl, COURT STAFF) (Filed on 8/30/2018)

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Paul S. White, SBN 146989
Linda T. Hoshide, SBN 190403
Shannon L. Santos, SBN 260112
WILSON ELSER MOSKOWITZ EDELMAN & DICKER LLP
555 South Flower Street, Suite 2900
Los Angeles, CA 90071-2407
Telephone:
213.443.5100
Facsimile:
213.443.5101
Email: [e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiffs/Counter-Defendants
HARTFORD CASUALTY INSURANCE COMPANY and
SENTINEL INSURANCE COMPANY, LTD.
SHARTSIS FRIESE LLP
ANTHONY B. LEUIN (Bar #95639)
JOHN J. STEIN (Bar #253777)
KAJSA M. MINOR (Bar #251222)
FELICIA A. DRAPER (Bar #242668)
One Maritime Plaza, Eighteenth Floor
San Francisco, CA 94111-3598
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Defendant/Counter-Claimant RICHARD B. TEED

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA – SAN FRANCISCO

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HARTFORD CASUALTY INSURANCE
Case No.: 3:18-cv-479-RS
COMPANY, an Indiana corporation, and
SENTINEL INSURANCE COMPANY, LTD., a [PROPOSED] ORDER ON
Connecticut corporation;
STIPULATION TO CONTINUE CASE
MANAGEMENT CONFERENCE AND
TO EXTEND TIME TO RESPOND TO
Plaintiffs/Counter-Defendants,
COUNTERCLAIMS AS MODIFIED BY
COURT
v.

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RICHARD B. TEED, an individual;
Defendant/Counter-Claimant.

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[PROPOSED] ORDER ON STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND TO
EXTEND TIME TO RESPOND TO COUNTERCLAIMS – Case #3:18-cv-479-RS

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Pursuant to the Stipulation to Continue Case Management Conference and to Extend

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Time to Respond to Counterclaims (“Stipulation”) filed by Plaintiffs/Counter-Defendants

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Hartford Casualty Insurance Company and Sentinel Insurance Company, Ltd. (collectively

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“Plaintiffs”) and Defendant/Counter-Claimant Richard B. Teed (“Defendant”), through their

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respective counsel, to (1) request the Court continue the Case Management Conference currently

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scheduled for September 6, 2018 to October 11, 2018 or a suitable date thereafter; and (2) extend

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the time for Plaintiffs to file a responsive pleading to Defendant’s Answer to Complaint for

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Declaratory Relief and Counterclaims [Doc. 31] (“Counterclaims”) for a period of 14 days from

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the continued Case Management Conference, the Court hereby finds as follows:

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Since the entry of the Court’s Order continuing the Case Management Conference to

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September 6, 2018 pursuant to a stipulation of the parties [Doc 28], Defendant has filed his

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responsive pleading [Doc. 31].

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involvement of another insurance carrier and the likely effect of such development on this action.

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The parties previously advised the Court that another insurance carrier contacted Defendant’s

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counsel in the underlying action, which is the subject matter of this action, and that the other

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insurance carrier may have coverage obligations to Defendant regarding the underlying action.

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Despite Defendant’s continued communications with the other insurer -- the last on August 24,

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2018 -- Defendant continues to await a complete statement of the other insurance carrier’s

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position. As the position by the other insurance carrier will likely impact this action, Defendant

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requests that the Case Management Conference, currently set for September 6, 2018, be

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continued until October 11, 2018 or a date thereafter that is convenient for the Court. The parties

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continue to believe such a continuance is appropriate as it will provide an opportunity for the

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parties to discuss resolution of this action before additional expense is incurred, but any such

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discussion is impacted by the possible participation of another insurance carrier not currently a

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party to this action.

However, Defendant thus far been unable to confirm the

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As Plaintiffs’ responsive pleading to Defendant’s Counterclaims is currently due on

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September 12, 2018, the parties have further agreed to equally extend the time for Plaintiffs to

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respond to Defendant’s Counterclaims until 14 days after the continued Case Management
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[PROPOSED] ORDER ON STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND TO
EXTEND TIME TO RESPOND TO COUNTERCLAIMS – Case #3:18-cv-479-RS

3132691v.1

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Conference.
In an effort to provide the parties time to explore any possible resolution, the Court
hereby orders as follows:
[PROPOSED] ORDER

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Based on the terms of the Stipulation and finding that good cause exists:

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IT IS HEREBY ORDERED that the Case Management Conference is continued from
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September 6, 2018 to October 11, 2018 at 10:00 a.m. in Courtroom 3 to allow the parties time to

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investigate this matter and explore whether an early resolution of the action is possible. During

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this time, the parties agree to a standstill of litigation activity to pursue such efforts.

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IT IS HEREBY FURTHER ORDERED that Plaintiffs shall have until 14 days after the

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continued Case Management Conference to file a responsive pleading to Defendant’s

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Counterclaims.

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DATED: __________________
8/30/18

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__________________________________________
Hon. Richard Seeborg
United States District Judge

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[PROPOSED] ORDER ON STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND TO
EXTEND TIME TO RESPOND TO COUNTERCLAIMS – Case #3:18-cv-479-RS

3132691v.1