WHAM-O, Inc. v. American Home Assurance Company

Filing 23

STIPULATION AND CASE MANAGEMENT SCHEDULING ORDER: Case Management Conference set for 9/23/2009 03:00 PM. VIA TELEPHONE. Signed by Judge ARMSTRONG on 6/17/09. (lrc, COURT STAFF) (Filed on 6/18/2009)

1 LANE J. ASHLEY ­ SBN 073296 E-Mail: [e-mail] 2 DOUGLAS R. IRVINE ­ SBN 119863 E-Mail: [e-mail] 3 LEWIS BRISBOIS BISGAARD & SMITH LLP 221 North Figueroa Street, Suite 1200 4 Los Angeles, California 90012 Telephone: [phone] Facsimile: 213.250.7900 6 Attorneys for Defendant AMERICAN HOME ASSURANCE COMPANY 7 8 9 10 11 12 WHAM-O, INC., a Delaware corporation, 13 14 v. Plaintiff, CASE NO. C09-01408 SBA STIPULATION OF THE PARTIES TO CONTINUE THE INITIAL CASE MANAGEMENT CONFERENCE AND INITIAL DISCLOSURES, AND TO STAY DISCOVERY; ORDER Current CMC Date: July 15, 2009 TIME: 3:00 p.m. Courtroom: 3 Hon. Saundra B. Armstrong STIPULATION TO THE COURT AND TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD: IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff WHAM-O, INC. ("Wham-O") and Defendant American Home Assurance Company ("AHAC"), by and through their respective counsel of record, as follows: UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION

15 AMERICAN HOME ASSURANCE COMPANY, a New York corporation. 16 Defendant. 17 18 19 20 21 22 23 24 25 26 27 28 1

C09-01408 SBA

[PROPOSED] ORDER AND STIPULATION

1

WHEREAS, the parties have each filed motions, currently set for hearing on July 28, 2009,

2 which address the issue of duty to defend Wham-O in the underlying action, Wham-O v. Manley Toys, 3 USDC CD Cal. Case No. 08-CV-01281 (the "Underlying Action"), under the subject AHAC 4 insurance policy; and 5 6 WHEREAS, the Underlying Action is still being litigated; and WHEREAS, the parties have met and conferred and believe that while their respective motions

7 are pending it is impractical, unnecessary, and potentially detrimental to their respective positions vis8 a-vis the underlying action, as well as for economical reasons, to engage in an initial disclosure 9 process, have an initial case management conference, or conduct any discovery at this time; 10 WHEREAS, this stipulation is without prejudice to the parties stipulating to, or either side

11 moving for, a further stay of all or part of this action pending resolution of the Underlying Action. 12 13 Accordingly, therefore, IT IS HEREBY STIPULATED AND AGREED and the parties jointly request that the Court

14 continue the Initial Case Management Conference from the currently scheduled date of July 15, 2009, 15 to a date after the ruling on the parties' currently pending cross-motions; and 16 IT IS FURTHER STIPULATED AND AGREED that the initial disclosures of the parties

17 under Rule 26(f) be deferred and continued from June 18, 2009 until after the ruling on the parties' 18 currently pending cross-motions; and 19 IT IS FURTHER STIPULATED AND AGREED that the Rule 26(f) Report and Case

20 Management Statement, currently due on July 2, 2009, be deferred and continued until after the ruling 21 on the parties' currently pending cross-motions; and 22 IT IS FURTHER STIPULATED AND AGREED that discovery be stayed until after the ruling

23 on the parties' currently pending cross-motions. 24 Dated: June 16, 2009 25 26 27 28 By: /s/ MICHAEL H. GRUBMAN, ESQ. Attorneys for Plaintiff WHAM-O, INC. 2
[PROPOSED] ORDER AND STIPULATION C09-01408 SBA

LAW OFFICES OF MICHAEL H. GRUBMAN

1 Dated: June 16, 2009 2 3 4 5 6 7 8 9

LEWIS BRISBOIS BISGAARD & SMITH LLP By: /s/ DOUGLAS R. IRVINE, ESQ. Attorneys for Defendant AMERICAN HOME ASSURANCE COMPANY ORDER

Based upon the Stipulation of the parties, and good cause appearing therefore, IT IS HEREBY ORDERED AS FOLLOWS: 1. The Initial Case Management Conference is continued from July 15, 2009 to

10 September 23, 2009 at 3:00 p.m. The parties shall meet and confer prior to the conference and 11 shall prepare a joint Case Management Conference Statement which shall be filed no later than ten 12 (10) days prior to the Case Management Conference that complies with the Standing Order for All 13 Judges of the Northern District of California and the Standing Order of this Court. Plaintiffs shall 14 be responsible for filing the statement as well as for arranging the conference call. All parties 15 shall be on the line and shall call [phone] at the above indicated date and time. 16 2. The last day for the parties to meet and confer regarding initial disclosures and a 17 discovery plan under Rule 16(f) is continued from June 18, 2009 to July 16, 2009. 18 3. The last day for the parties to file a Rule 26(f) Report, complete initial disclosures 19 and file a Case Management Statement is continued from July 2, 2009 to July 30, 2009. 20 4. Discovery is stayed pending resolution of the parties' cross-motions presently 21 scheduled for hearing on July 23, 2009 22 23 DATED: June17, 2009 24 25 26 27 28 3
[PROPOSED] ORDER AND STIPULATION C09-01408 SBA

_______________________________________ Honorable Saundra B. Armstrong United States District Judge

1 2

FEDERAL COURT PROOF OF SERVICE Wham-O v. American Home - Our File No. 06234-7367

3 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES At the time of service, I was over 18 years of age and not a party to the action. My business address is 221 North Figueroa Street, Suite 1200, Los Angeles, CA 90012. I am 5 employed in the office of a member of the bar of this Court at whose direction the service was made. 6 4 7 On June 16, 2009, I served the following document(s): STIPULATION OF THE PARTIES CONTINUE THE INITIAL CASE MANAGEMENT CONFERENCE AND INITIAL 8 DISCLOSURES, AND TO STAY DISCOVERY UNTIL AFTER RULING ON PARTIES' 9 CROSS-MOTIONS; ORDER [proposed] 10 11 12 13 14 15 16 17 18 The documents were served by the following means: (BY COURT'S CM/ECF SYSTEM) Pursuant to Local Rule, I electronically filed the documents with the Clerk of the Court using the CM/ECF system, which sent notification of that filing to the persons listed above. TO

I served the documents on the following persons at the following addresses (including fax numbers and e-mail addresses, if applicable): Michael H. Grubman, Esq. Law Offices of Michael H. Grubman 1990 No. California Blvd., Suite 1060 Walnut Creek, CA 94596 [e-mail]

I declare under penalty of perjury under the laws of the State of California that the 19 foregoing is true and correct. 20 21 22 23 24 25 26 27 28 4
[PROPOSED] ORDER AND STIPULATION C09-01408 SBA

Executed on June 16, 2009, at Los Angeles, California.

/s/ Rose Mary Arias Rose Mary Arias