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

Filing 44

ORDER re 43 Granting Stipulation TO EXTEND DEADLINE FOR COMPLETION OF FACT DISCOVERY. Signed by Judge Claudia Wilken on 6/22/2010. (ndr, COURT STAFF) (Filed on 6/22/2010)

1 Steven P. Rice (State Bar No. 94321) [e-mail] 2 Queena Mewers (State Bar No. 238925) [e-mail] 3 CROWELL & MORING LLP 3 Park Plaza, 20th Floor 4 Irvine, California 92614-8505 Telephone: [phone] [phone] 5 Facsimile: 6 Attorneys for Plaintiffs MT. McKINLEY INSURANCE COMPANY and 7 EVEREST REINSURANCE COMPANY 8 Robin D. Craig (State Bar No. 130935) [e-mail] 9 CRAIG & WINKELMAN LLP 2001 Addison Street, Suite 300 10 Berkeley, California 94704 Telephone: [phone] [phone] 11 Facsimile: 12 Attorneys for Defendant SWISS REINSURANCE AMERICA CORPORATION 13 14 15 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ­ OAKLAND DIVISION CASE NO. C09-03857-CW The Honorable Claudia Wilken STIPULATION AND ORDER TO EXTEND DEADLINE FOR COMPLETION OF FACT DISCOVERY

16 MT. McKINLEY INSURANCE COMPANY, et al., 17 Plaintiff, 18 v. 19 SWISS REINSURANCE AMERICA 20 CORPORATION, 21 22 Defendant.

The parties, Plaintiffs Mt. McKinley Insurance Company and Everest Reinsurance

23 Company (collectively "Plaintiffs") and Defendant Swiss Reinsurance America Corporation 24 ("Defendant"), by and through their respective counsel of record, hereby stipulate as follows and 25 request that the Court enter an order extending the deadline for completion of fact discovery from 26 July 23, 2010 to August 13, 2010: 27 1. On April 6, 2010, the Court held an initial Case Management Conference ("CMC")

28 in this case and entered a Minute Order and Case Management Order setting the deadline for
Case No. C09-03857-CW 1 STIPULATION AND [PROPOSED] ORDER TO EXTEND DEADLINE FOR COMPLETION OF FACT DISCOVERY

1 completion of fact discovery for July 23, 2010 (Dkt. No. 42) in accordance with the parties' 2 proposal as set forth in the parties' Updated Joint Case Management Statement (Dkt. No. 41). 3 2. Since the April 6, 2010 CMC, the parties have in good faith met and conferred

4 telephonically and over e-mail to discuss proposed fact and policy stipulations on which their 5 cross-motions for summary judgment may be based. The parties have exchanged and are still in 6 the process of exchanging drafts of proposed fact and policy stipulations. 7 3. The ADR Local Rule 5 early neutral evaluation ("ENE") session for this case is

8 currently set for June 30, 2010. On June 18, 2010, the parties exchanged ENE briefs. 9 4. The parties believe that a brief extension of the deadline to complete fact discovery

10 from July 23, 2010 to August 13, 2010 will provide the parties with sufficient time to continue 11 their good-faith negotiations over proposed fact and policy stipulations, but will not delay the 12 current schedule for briefing their cross-motions for summary judgment currently set to be heard 13 on September 30, 2010. The parties also wish to defer the costs of additional discovery until after 14 the June 30, 2010 ENE session. The parties believe that this brief extension will not interfere 15 with, but will actually promote, the efficient resolution of this case. 16 5. For the reasons set forth above, the parties hereby stipulate, and respectfully

17 request that the Court grant their request, to extend the deadline to complete fact discovery from 18 July 23, 2010 to August 13, 2010. 19 DATED: June 22, 2010 20 21 22 23 24 DATED: June 22, 2010 25 26 27 28 CROWELL & MORING LLP By: /s/ Steven P. Rice Steven P. Rice Queena Mewers Attorneys for Plaintiffs MT. McKINLEY INSURANCE COMPANY and EVEREST REINSURANCE COMPANY CRAIG & WINKELMAN LLP By: /s/ Robin D. Craig Robin D. Craig Attorneys for Defendant SWISS REINSURANCE AMERICA CORPORATION
Case No. C09-03857-CW 2 STIPULATION AND [PROPOSED] ORDER TO EXTEND DEADLINE FOR COMPLETION OF FACT DISCOVERY

1

PURSUANT TO THE STIPULATION SET FORTH ABOVE, IT IS SO ORDERED that

2 the deadline for the parties to complete fact discovery is extended from July 23, 2010 to August 3 13, 2010. 4 DATED: 6/22/2010 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Case No. C09-03857-CW 3 STIPULATION AND [PROPOSED] ORDER TO EXTEND DEADLINE FOR COMPLETION OF FACT DISCOVERY

CLAUDIA WILKEN United States District Judge