Employers Reinsurance Corporation v. Ordway Indemnity, Ltd.

Filing 28

STIPULATION AND ORDER RE: INTIAL DISCLOSURES. Signed by Judge Saundra Brown Armstrong, on 7/13/09. (lrc, COURT STAFF) (Filed on 7/14/2009) Modified on 7/15/2009 (jlm, COURT STAFF).

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Margaret L. Parker (State Bar No. 129897) Andrew E. Saxon (State Bar No. 227344) DLA PIPER LLP (US) 555 Mission Street, Suite 2400 San Francisco, CA 94105 Telephone: [phone] Facsimile: 415-236-2501 Of Counsel: Ronald P. Schiller (to be admitted pro hac vice) Daniel J. Layden (to be admitted pro hac vice) DLA PIPER LLP (US) One Liberty Place 1650 Market Street, Suite 4900 Philadelphia, PA 19103 Telephone: [phone] Facsimile: 215-656-3301 Attorneys for Plaintiff Employers Reinsurance Corporation n/k/a Westport Insurance Corporation Kennedy P. Richardson, (State Bar No. 62516) Thomas M. Freeman, (State Bar No. 109309) Marion's Inn, a Law Partnership 1611 Telegraph Avenue, Suite 707 Oakland, CA 94612 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Email: [e-mail] Attorneys for Defendant Ordway Indemnity, Ltd. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

EMPLOYERS REINSURANCE CORPORATION N/K/A WESTPORT INSURANCE CORPORATION

) ) ) ) Plaintiff, ) ) v. ) ) ORDWAY INDEMNITY, LTD., ) ) Defendant. ) __________________________________________ ) 1

No. C 09-01610 SBA STIPULATION AND ORDER FOR MODIFICATION OF INITIAL DISCLOSURE DATES

STIPULATION AND ORDER FOR MODIFICATION OF INITIAL DISCLOSURE DATES Case No. C 09-01610 SBA

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IT IS HEREBY STIPULATED, by and between Plaintiff Employers Reinsurance Corporation n/k/a Westport Insurance Corporation ("ERC") and Defendant Ordway Indemnity, Ltd. ("Ordway") as follows: WHEREAS, Ordway has agreed to cooperate in an informal exchange of information concerning the underlying claims referenced in the Complaint for Declaratory Judgment; WHEREAS, the parties are engaged in discussions regarding the scope and time table for this informal collection and exchange of information that may otherwise be included in the initial disclosures required by rule 26 of the Fed. Rules of Civ. Pro. and wish to avoid for the time being the need to prepare a formal response that would otherwise be required; WHEREAS, the parties are engaged in discussions concerning ADR but need additional time to resolve issues regarding the timing and selection of the most useful ADR method for possible resolution of issues referenced in the Complaint for Declaratory Judgment; and WHEREAS, the parties have stipulated to extend the response date to the Complaint until September 11, 2009. THEREFORE, ERC and Ordway hereby stipulate and agree that: (1) the deadline to file the ADR Certification signed by parties and counsel shall be extended from July 2, 2009 to September 2, 2009; (2) the deadline to file a Stipulation to ADR Process or Notice of need for ADR Phone Conference shall be extended from July 2, 2009 to September 2, 2009; (3) the deadline to meet and confer re: initial disclosures, early settlement, ADR process selection, and discovery plan shall be extended from July 2, 2009 to September 2, 2009; and (4) the deadline to /// /// /// /// /// /// ///

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STIPULATION AND ORDER FOR MODIFICATION OF INITIAL DISCLOSURE DATES Case No. C 09-01610 SBA

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file Rule 26(f) Report, complete initial disclosures or state objection in Rule 26(f) Report and file Case Management Statement be extended from July 16, 2009 to September 9, 2009.

SO STIPULATED:

DATED: June __, 2009.

DLA PIPER LLP By:_____________________________ Margaret L. Parker Attorneys for Plaintiff EMPLOYERS REINSURANCE CORPORATION N/K/A WESTPORT INSURANCE CORPORATION

SO STIPULATED: DATED: June __, 2009. MARION'S INN By: _____________________________ Thomas M. Freeman Attorneys for Defendant ORDWAY INDEMNITY, LTD.

GOOD CAUSE APPEARING, IT IS SO ORDERED. DATED: 7/13/09 By:_____________________________ Hon. Saundra Brown Armstrong Judge Of the United States District Court

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STIPULATION AND ORDER FOR MODIFICATION OF INITIAL DISCLOSURE DATES Case No. C 09-01610 SBA