Evanston Insurance Company v. Public Pension Professionals et al

Filing 25

ORDER re 23 GRANTING STIPULATION Continuing Initial Case Management Conference and Deadlines. Initial Case Management Conference set for 11/17/2009 02:00 PM.. Signed by Judge CLAUDIA WILKEN on 9/9/09. (scc, COURT STAFF) (Filed on 9/9/2009)

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Mary P. Derner (SB# 142644) SPAULDING McCULLOUGH & TANSIL LLP 90 South E Street, Suite 200 P.O. Box 1867 Santa Rosa, CA 95402 Telephone: [phone] Facsimile: [phone] [e-mail] Attorneys for Defendants and Counterclaimants PUBLIC PENSION PROFESSIONALS, INC., 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. PUBLIC PENSION PROFESSIONALS, INC., a California Corp., IRA M. SUMMER, an individual, Counterclaimants, vs. EVANSTON INSURANCE COMPANY, an ILLINOIS CORPORATION, Counterdefendant.

Case No.: C 09-01755 CW STIPULATION AND ORDER CONTINUING INITIAL CASE MANAGEMENT CONFERENCE AND DEADLINES

The parties hereto, by and through their counsel, John M. Hochhausler of Manning & Marder Kass, Ellrod, Ramirez LLP for Plaintiff and Counterdefendant Evanston Insurance Company, an Illinois Corporation (hereinafter "Evanston"), Bryan C. Vess of Bryan C. Vess APC for Defendant
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Fresno County Employees' Retirement Association (hereinafter "FCERA") and Mary P. Derner of Spaulding McCullough & Tansil LLP for Defendants and Counterclaimants Public Pension Professionals, Inc., a California Corporation and Ira M. Summer (hereinafter "PPP and "Summer") do hereby stipulate and request this Court as follows: WHEREAS, on July 21, 2009, the Court issued an Order Continuing Initial Case Management Conference And Deadlines (hereinafter the "Order"). Pursuant to the Order, the Court set (1) September 14, 2009 as the last day to meet and confer regarding initial disclosures, early settlement, ADR selection and discovery plan; (2) September 28, 2009 as the last day to complete initial disclosures, file Rule 26(f) Report, state objections in Rule 26(f) Report and file Joint Case Management Statement; and (3) October 6, 2009 for Initial Case Management Conference. WHEREAS, on August 20, 2009, PPP and Summer filed a Motion To Stay Insurance Coverage Action During The Pendency Of Underlying Liability Action Or, Alternatively, To Stay Discovery By Plaintiff Evanston Insurance Company. The hearing on the Motion to Stay this action is scheduled for September 24, 2009 at 2:00 p.m. in Courtroom 2. WHEREAS, because of the filing of the Motion to Stay this action, the parties have jointly agreed and stipulated to respectfully request this Court continue the Initial Case Management Conference and all deadlines set in its July 21, 2009 Order in order that the parties may save the time and expense of preparing initial disclosures, a Rule 26(f) Report and a Joint Case Management Statement if this action is stayed by the Court. 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 October 6, 2009 at 2:00 p.m., Courtroom 2, be continued to November 17, 2009, or to a date and time

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that the Court may deem appropriate. The parties further stipulate to extend the following deadlines 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 October 6, 2009; (2) last day to complete initial disclosures, file Joint Case Management Statement, file/serve Rule 26(f) Report and state objections, will be October 19, 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 Continuing Initial Case Management Conference And Deadlines. IT IS SO STIPULATED. DATED: September 3, 2009 MANNING & MARDER KASS, ELLROD, RAMIREZ LLP Attorneys for Plaintiff and Counterdefendant EVANSTON INSURANCE COMPANY By: DATED: September 3, 2009 /s/ JOHN M. HOCHHAUSLER

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BRYAN C. VESS APC Attorneys for Defendant FRESNO COUNTY EMPLOYEES' RETIREMENT ASSOCIATION By: /s/ BRYAN C. VESS

DATED: September 3, 2009

SPAULDING McCULLOUGH & TANSIL LLP Attorneys for Defendants and Counterclaimants PUBLIC PENSION PROFESSIONALS, a California Corporation and IRA M. SUMMER By: /s/ MARY P. DERNER

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2009.

Judge Wilken is unavailable on October 27, 2009 and November 3, 2009 and November 10,
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ORDER Having reviewed the Stipulation of the parties, and good cause appearing, IT IS HEREBY ORDERED that: 1. The Initial Case Management Conference on October 6, 2009, at 2:00 p.m. is

continued to November 17, 2009, Courtroom 2 at 2:00 p.m.; 2. 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 is October 6, 2009; and 3. The last day to complete initial disclosures, file a Joint Case Management Statement,

file/serve Rule 26(f) Report and state objections is October 19, 2009. PURSUANT TO STIPULATION, IT IS SO ORDERED. 9/9/09 CLAUDIA WILKEN UNITED STATES DISTRICT COURT JUDGE

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