Evanston Insurance Company v. Public Pension Professionals et al

Filing 10

ORDER re 8 GRANTING AS MODIFIED STIPULATION To Extend Time To Respond and Continue CMC. Initial Case Management Conference set for 10/6/2009 02:00 PM.. Signed by Judge CLAUDIA WILKEN on 7/21/09. (scc, COURT STAFF) (Filed on 7/21/2009)

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John M. Hochhausler, (SB# 143801) MANNING & MARDER KASS, ELLROD, RAMIREZ LLP 15th Floor at 801 Tower 801 South Figueroa Street Los Angeles, CA 90017 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Plaintiff EVANSTON INSURANCE COMPANY Mary P. Derner (SB# 142644) Annette L. Holland (SB# 151707) SPAULDING McCULLOUGH & TANSIL LLP 90 South E Street, Suite 200 P.O. Box 1867 Santa Rosa, CA 95402 Telephone: [phone] Facsimile: [phone] [e-mail]; [e-mail] Attorneys for Defendants PUBLIC PENSION PROFESSIONALS, a California Corporation, IRA M. SUMMER

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

EVANSTON INSURANCE COMPANY, an ILLINOIS CORP., Plaintiff, vs. PUBLIC PENSION PROFESSIONALS, a California Corp., IRA M. SUMMER, an individual, and FRESNO COUNTY EMPLOYEES' RETIREMENT ASSOCIATION Defendants.

Case No.: C 09-01755 CW STIPULATION AND ORDER EXTENDING TIME FOR DEFENDANTS PUBLIC PENSION PROFESSIONALS AND IRA M. SUMMER TO RESPOND TO PLAINTIFF'S FIRST AMENDED COMPLAINT, AND CONTINUING INITIAL CASE MANAGEMENT CONFERENCE AND DEADLINES AS MODIFIED

The parties hereto, by and through their counsel, John M. Hochhausler of Manning & Marder Kass, Ellrod, Ramirez LLP for Plaintiff Evanston Insurance Company, an Illinois Corporation, and
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Mary P. Derner of Spaulding McCullough & Tansil LLP for Defendants Public Pension Professionals, a California Corporation and Ira M. Summer (hereinafter "Defendants") do hereby stipulate and request this Court as follows: WHEREAS, on April 22, 2009, Plaintiff filed its Complaint. WHEREAS, on April 22, 2009, the Court issued an Order Setting Initial Case Management Conference and ADR Deadlines ("Order") based on the filing of the initial Complaint on April 22, 2009. Pursuant to the Order, the Court set (1) July 14, 2009 as the last day to meet and confer regarding initial disclosures, early settlement, ADR selection and discovery plan; (2) July 28, 2009 as the last day to file Rule 26(f) Report, complete initial disclosures or state objections in Rule 26(f) Report and file Case Management Statement; and (3) August 4, 2009 for Initial Case Management Conference. WHEREAS, on June 24, 2009, Plaintiff filed its First Amended Complaint. WHEREAS, Defendants were served with the First Amended Complaint on June 24, 2009. WHEREAS, Defendants' response to the First Amended Complaint is due on July 14, 2009. WHEREAS, Plaintiff has granted Defendants an additional 30 days to respond to Plaintiff's First Amended Complaint up to and including August 13, 2009. WHEREAS, because of the filing and service of the First Amended Complaint on June 24, 2009, the parties have jointly agreed and stipulated to respectfully request this Court continue the Initial Case Management Conference and all deadlines set in its April 22, 2009 Order for a period of 60 days. Continuing these deadlines and the Initial Case Management Conference will not prejudice either party or their counsel and will promote judicial economy. WHEREAS, the parties agree the following constitutes good cause to continue the Initial Case Management Conference, the deadlines for meet and confer regarding initial disclosures, the initial disclosures, filing of a Rule 26(f) report and filing of a Joint Case Management Statement. IT IS HEREBY STIPULATED and agreed by Plaintiff and Defendants, though their respective attorneys of record, that the Initial Case Management Conference currently set for August 4, 2009 at 2:00 p.m., Courtroom 2, be continued to October 5, 2009, or to a date and time that the Court may deem appropriate. The parties further stipulate to extend the following deadlines
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accordingly: (1) last day to meet and confer regarding initial disclosures, early settlement, ADR selection and discovery plan and file ADR certification and either Stipulation to ADR or Notice of Need for ADR Phone Conference will be September 14, 2009; (2) last day to complete initial disclosures, state objections, file Joint Case Management Statement and file/serve Rule 26(f) Report will be September 28, 2009. Pursuant to General Order 45, section X.B., I hereby attest that all parties concur in the filing of the Stipulation And [Proposed] Order Extending Time For Defendants Public Pension Professionals And Ira M. Summer To Respond To Plaintiff's First Amended Complaint, And Continuing Initial Case Management Conference And Deadlines. IT IS SO STIPULATED. DATED: July 13, 2009 MANNING & MARDER KASS, ELLROD, RAMIREZ LLP Attorneys for Plaintiff EVANSTON INSURANCE COMPANY

By:

/s/ JOHN M. HOCHHAUSLER

DATED: July 13, 2009

SPAULDING McCULLOUGH & TANSIL LLP Attorneys for Defendants PUBLIC PENSION PROFESSIONALS, a California Corporation and IRA M. SUMMER

By:

/s/ MARY P. DERNER

ORDER Having reviewed the Stipulation of the parties, and good cause appearing, IT IS HEREBY ORDERED that: 1. Defendants are granted a 30 day extension of time to respond to Plaintiff's First

Amended Complaint up to and including August 13, 2009;
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2.

The Initial Case Management Conference on August 4, 2009, at 2:00 p.m. will be

continued to October 6, 2009, Courtroom 2; 3. The last day to meet and confer regarding initial disclosures, early settlement, ADR

selection and discovery plan and file ADR certification and either Stipulation to ADR or Notice of Need for ADR Phone Conference will be September 14, 2009; and 4. The last day to complete initial disclosures, state objections, file Joint Case

Management Statement and file/serve Rule 26(f) Report will be September 28, 2009. PURSUANT TO STIPULATION, IT IS SO ORDERED. 7/21/09 DATED: CLAUDIA WILKEN UNITED STATES DISTRICT COURT JUDGE

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