Garner v. State Farm Mutual Automobile Insurance Company

Filing 110

ORDER re 101 GRANTING STIPULATION PERMITTING PARTIES TO FILE BRIEFS IN EXCESS OF 25-PAGE LIMIT IN SUPPORT OF MOTION AND CROSS-MOTION FOR SUMMARY JUDGMENT. Signed by Judge CLAUDIA WILKEN on 11/14/08. (scc, COURT STAFF) (Filed on 11/14/2008)

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SEDGWICK, DETERT, MORAN & ARNOLD LLP KEVIN J. DUNNE Bar No. 40030 BRUCE D. CELEBREZZE Bar No. 102181 LAURA L. GOODMAN Bar No. 142689 One Market Plaza Steuart Tower, 8th Floor San Francisco, California 94105 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY BIRKA-WHITE LAW OFFICES DAVID M. BIRKA-WHITE Bar No. 85721 STEPHEN OROZA Bar No. 84681 THOMAS D. HICKS Bar No. 238545 The Danville Hotel 411 Hartz Avenue, Suite 200 Danville, CA 94526 Telephone: [phone] Facsimile: [phone] (Additional counsel listed on signature page) Attorneys for Plaintiff ARNESHA GARNER, an individual on behalf of herself and all others similarly situated

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

ARNESHA M. GARNER, on behalf of herself and all others similarly situated, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant.

CASE NO. CV 08 1365 CW (EMC) STIPULATION AND ORDER PERMITTING PARTIES TO FILE BRIEFS IN EXCESS OF 25-PAGE LIMIT IN SUPPORT OF MOTION AND CROSSMOTION FOR SUMMARY JUDGMENT

-1CASE NO. CV 08 1365 CW (EMC) STIPULATION AND [PROPOSED] ORDER PERMITTING PARTIES TO FILE BRIEFS IN EXCESS OF 25-PAGE LIMIT IN SUPPORT OF MOTION AND CROSS-MOTION FOR SUMMARY JUDGMENT

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TO THE COURT, AND ALL PARTIES AND THEIR ATTORNEYS OF RECORD: THIS STIPULATION is entered into by and between plaintiff Arnesha Garner and defendant State Farm Mutual Automobile Insurance Company. RECITALS WHEREAS, the Court in its Order dated June 30, 2008 has set the following schedule and requirements for the briefing on motions for summary adjudication on the effectiveness of the Total Loss Regulation: 1. Defendant is to file its motion for summary adjudication on the effectiveness of the Total Loss Regulation by November 20, 2008; 2. Plaintiff is to file her opposition to defendant's motion and any cross-motion for summary adjudication on the effectiveness of the Total Loss Regulation in a single brief by December 4, 2008; 3. Defendant is to file its reply in support of its motion for summary adjudication and its opposition to plaintiff's cross-motion in a single brief by December 18, 2008; 4. Plaintiff is to file her reply in support of her cross-motion for summary adjudication by January 8, 2009. 5. A hearing on both motions is to be held on January 22, 2009 at 2:00 p.m. WHEREAS, the parties will be in a position to brief summary adjudication on the effectiveness of the Total Loss Regulation on the schedule specified. WHEREAS, Northern District Local Rule 7-2(b) requires that an opening motion consist of one filed document not exceeding 25 pages in length. WHEREAS, Northern District Local Rule 7-3(a) requires that any opposition to a motion not exceed 25 pages in length. WHEREAS, Northern District Local Rule 7-3(c) requires that a reply brief consist of one filed document not exceeding 15 pages in length. WHEREAS, the parties have determined the effectiveness of the Total Loss Regulation raises complex legal and factual issues that require briefing in excess of these page limits for their opening, opposition, and reply briefs.
-2CASE NO. CV 08 1365 CW (EMC) STIPULATION AND [PROPOSED] ORDER PERMITTING PARTIES TO FILE BRIEFS IN EXCESS OF 25-PAGE LIMIT IN SUPPORT OF MOTION AND CROSS-MOTION FOR SUMMARY JUDGMENT

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STIPULATION NOW, THEREFORE, IT IS HEREBY STIPULATED by and between plaintiff and defendant, by and through their respective counsel of record, that due to the complex legal and factual issues involved in briefing the issue of the effectiveness of the Total Loss Regulation, that. 1. Defendant's motion for summary adjudication on the effectiveness of the Total Loss Regulation may be up to and including 35 pages in length (not including any supporting declarations, affidavits, exhibits, or proposed order). 2. Plaintiff's opposition to defendant's motion and any cross-motion for summary adjudication on the effectiveness of the Total Loss Regulation must be contained in a single brief which may be up to and including 35 pages in length (not including any supporting declarations, affidavits, exhibits, or proposed order). 3. Defendant's reply in support of its motion and in opposition to plaintiff's crossmotion for summary adjudication must be contained in a single brief which may be up to and including 20 pages in length (not including any supporting declarations, affidavits, exhibits, or proposed order). 4. Plaintiff's reply motion in support of her cross-motion for summary adjudication may be up to and including 20 pages in length (not including any supporting declarations, affidavits, or proposed order). IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD: DATED: November __, 2008 SEDGWICK, DETERT, MORAN & ARNOLD LLP

By:

Kevin J. Dunne Bruce D. Celebrezze Laura L. Goodman

Attorneys for Defendant STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
-3CASE NO. CV 08 1365 CW (EMC) STIPULATION AND [PROPOSED] ORDER PERMITTING PARTIES TO FILE BRIEFS IN EXCESS OF 25-PAGE LIMIT IN SUPPORT OF MOTION AND CROSS-MOTION FOR SUMMARY JUDGMENT

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DATED: November __, 2008

BIRKA-WHITE LAW OFFICES

By:

David M. Birka-White Stephen Oroza Thomas D. Hicks

LIEFF, CABRASER, HEIMANN & BERNSTEIN, LLP Robert J. Nelson (State Bar No. 132797) Michael W. Sobol (State Bar No. 194857) Roger Heller (State Bar No. 215348) Embarcadero Center West 275 Battery Street, 30th Floor San Francisco, CA 94111-3339 Telephone: [phone] Facsimile: [phone] BERDING & WEIL, LLP Jeffrey B. Cereghino (State Bar No. 99480) Steven R. Weinmann (State Bar No. 190956) 3240 Stone Valley Road West Alamo, California 94507 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff ARNESHA GARNER, an individual on behalf of herself and all others similarly situated ORDER Pursuant to the stipulation of the parties, and good cause appearing therefor, IT IS SO ORDERED. 11/14/08 DATED: ________________ ___________________________________ The Honorable Claudia Wilken United States District Court Judge

-4CASE NO. CV 08 1365 CW (EMC) STIPULATION AND [PROPOSED] ORDER PERMITTING PARTIES TO FILE BRIEFS IN EXCESS OF 25-PAGE LIMIT IN SUPPORT OF MOTION AND CROSS-MOTION FOR SUMMARY JUDGMENT