Mt. Kinley Insurance Company et al v. Swiss Reinsurance America Corporation et al

Filing 35

ORDER by Judge Wilken GRANTING 32 Stipulation to Extend Time to Respond To Third-Party Complaint. Herrick shall have up to 01/17/10 to Answer Third-Party Complaint. Signed by Judge Claudia Wilken, on 12/28/09. (scc, COURT STAFF) (Filed on 12/28/2009) Modified on 12/29/2009 (jlm, COURT STAFF).

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LAWRENCE A. HOBEL (State Bar No. 73364) COVINGTON & BURLING LLP One Front Street, 35th Floor San Francisco, California 94111 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] Attorneys for Third-Party Defendant THE HERRICK CORPORATION RONALD D. KENT (State Bar No. 100717) SONNENSCHEIN NATH & ROSENTHAL LLP 601 South Figueroa Street Suite 2500 Los Angeles, CA 90017-5704 Tel: [phone] Fax: [phone] E-mail: [e-mail] Attorneys for Defendant and Third-Party Plaintiff TRAVELERS INDEMNITY COMPANY

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

MT. McKINLEY INSURANCE COMPANY, formerly known as Gibraltar Casualty Company, a corporation, and EVEREST REINSURANCE COMPANY, formerly known as Prudential Reinsurance Company, a corporation, Plaintiffs, v. SWISS REINSURANCE AMERICA CORPORATION, a corporation, as successor in interest to policies issued by The Manhattan Fire & Marine Insurance Company; and THE TRAVELERS INDEMNITY COMPANY, a corporation, Defendants.

Civil Case No.: C09-03857 CW STIPULATION AND ORDER TO EXTEND TIME TO RESPOND TO THIRD-PARTY COMPLAINT

Civil Case No.: C09-03857 CW STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO RESPOND TO THIRD-PARTY COMPLAINT

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TRAVELERS INDEMNITY COMPANY, a corporation, Third-Party Plaintiff, v. THE HERRICK CORPORATION, a corporation, Third-Party Defendant.

WHEREAS, Third-Party Plaintiff, Travelers Indemnity Company ("Travelers"), filed its Third-Party Complaint for Contractual Indemnity, Equitable Indemnity and Declaratory Relief ("Third-Party Complaint") on September 24, 2009, in the United States District Court for the Northern District of California; WHEREAS, Travelers served the Summons on a Third-Party Complaint upon Third-Party Defendant, The Herrick Corporation ("Herrick"), on September 29, 2009; WHEREAS, Herrick's deadline to answer or otherwise respond to the ThirdParty Complaint was October 19, 2009; WHEREAS, the parties hereto, through their respective attorneys of record, stipulated that Herrick's deadline to answer or otherwise respond to the Third-Party Complaint was extended up to and including November 18, 2009; WHEREAS, the parties hereto, through their respective attorneys of record, have been in discussions respecting approaches that may eliminate Herrick as a third-party defendant in the above-captioned Third-Party Complaint; WHEREAS, the parties hereto, through their respective attorneys of record, stipulated that Herrick's deadline to answer or otherwise respond to the Third-Party Complaint was extended up to and including December 18, 2009; WHEREAS, those discussions are continuing and the Insurers are currently considering the extent to which Herrick's continued presence in the lawsuit is appropriate and additional time would facilitate those discussions and, if successful, would lead to Herrick's dismissal from this action;
Civil Case No.: C09-03857 CW STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO RESPOND TO THIRD-PARTY COMPLAINT

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WHEREAS, the parties hereby stipulate that Herrick will have an additional thirty (30) days up to and including January 17, 2010, to answer or otherwise respond to the Third-Party Complaint; and WHEREAS, the parties respectfully request that the Court enter an Order in accordance herewith. THEREFORE: IT IS HEREBY STIPULATED by and between the parties, through their respective attorneys of record, that Herrick shall have up to and including January 17, 2010, to answer or otherwise respond to the Third-Party Complaint.

DATED: December 17, 2009

COVINGTON & BURLING LLP

/s/ Lawrence A. Hobel Lawrence A. Hobel Attorney for Third-Party Defendant THE HERRICK CORPORATION DATED: December 17, 2009 SONNENSCHEIN NATH & ROSENTHAL LLP

By:

/s/ Ronald D. Kent Ronald D. Kent Attorneys for Defendant and Third-Party Plaintiff TRAVELERS INDEMNITY COMPANY By:

GOOD CAUSE APPEARING, IT IS SO ORDERED. DATED: December 28, 2009

_________________________________________ CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE

Civil Case No.: C09-03857 CW STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO RESPOND TO THIRD-PARTY COMPLAINT

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