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

Filing 47

ORDER re 46 Granting Stipulation to (a) Further Extend Deadline for Completion of Certain Limited Fact Discovery and (b) to Extend Deadline for Hearing All Case-Dispositive Motions. Further Case Management Conference set for 12/2/2010 02:00 PM. Motion Hearing set for 12/2/2010 02:00 PM. Signed by Judge Claudia Wilken on 8/13/2010. (ndr, COURT STAFF) (Filed on 8/13/2010)

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1 2 3 4 5 6 7 8 9 10 11 12 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 [a] FURTHER EXTEND DEADLINE FOR COMPLETION OF CERTAIN LIMITED FACT DISCOVERY AND [b] TO EXTEND DEADLINE FOR HEARING ALL CASEDISPOSITIVE MOTIONS 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 (a) extending the deadline for completion of certain limited 26 fact discovery as described herein from August 13, 2010 to September 30, 2010 and (b) extending 27 the deadline for hearing all case-dispositive motions from September 30, 2010 to December 2, 28 2010: Case No. C09-03857-CW 1 STIPULATION & [PROPOSED] ORDER TO [a] EXTEND DEADLINE FOR COMPLETION OF CERTAIN LIMITED FACT DISCOVERY & [b] EXTEND DEADLINE FOR HEARING CASE-DISPOSITIVE MOTIONS 1 1. On April 6, 2010, the Court held an initial Case Management Conference ("CMC") 2 in this case and entered a Minute Order and Case Management Order setting the deadline for 3 completion of fact discovery for July 23, 2010 and the last day to hear all case-dispositive motions 4 for September 30, 2010 (Dkt. No. 42) in accordance with the parties' proposal as set forth in the 5 parties' Updated Joint Case Management Statement (Dkt. No. 41). The parties' proposal of 6 pretrial deadlines, including July 23, 2010 as the cut-off for fact discovery and September 30, 7 2010 as the last day to hear all case-dispositive motions, was based on a good-faith belief that the 8 parties would be able to negotiate fact and evidentiary stipulations upon which cross-motions for 9 summary judgment may be filed. 10 2. Following the April 6, 2010 CMC, the parties have in good faith met and conferred 11 telephonically and over e-mail to discuss proposed fact and evidentiary stipulations on which their 12 cross-motions for summary judgment may be based, but later agreed to defer further discussion of 13 their stipulations until after the early neutral evaluation ("ENE") in this case, which took place on 14 June 30, 2010. 15 3. As a result, by Stipulation and Proposed Order, the parties jointly requested an 16 extension of the deadline to complete fact discovery from July 23, 2010 to August 13, 2010. (Dkt. 17 No. 43.) The Court's order granting the parties' request was entered on June 22, 2010. (Dkt. No. 18 44.) 19 4. Thereafter, the parties resumed their negotiations and discussion of proposed fact 20 and evidentiary stipulations. The parties ultimately entered a fact stipulation which was executed 21 by both parties on August 7, 2010. The parties also reached an agreement in principle with respect 22 to an evidentiary stipulation, which they expect to execute within the next few days. 23 5. However, the parties were unable to reach agreement on a narrow set of factual and 24 evidentiary issues. The parties now stipulate to and request a further extension of the deadline to 25 complete certain limited fact discovery as to the following narrow issues only, from August 13, 26 2010 to September 30, 2010, as follows: 27 a. Plaintiffs may propound one set of third-party document requests each to 28 The Herrick Corporation ("Herrick"), Herrick's insurance broker Integro Insurance Brokers, and Case No. C09-03857-CW 2 STIPULATION & [PROPOSED] ORDER TO [a] EXTEND DEADLINE FOR COMPLETION OF CERTAIN LIMITED FACT DISCOVERY & [b] EXTEND DEADLINE FOR HEARING CASE-DISPOSITIVE MOTIONS 1 the issuers and brokers of each of the policies described herein, for the limited purpose of seeking: 2 (a) true, correct, and complete copies of primary, excess, and/or umbrella general liability 3 insurance policies issued to Herrick between 1968 and 1989, other than the policies issued by 4 Plaintiffs or Defendant; and (b) tender or notice letters to and denial, disclaimer, reservation of 5 rights, and other coverage positions letters from such general liability insurers, other than 6 Plaintiffs or Defendant, but only to the extent that such communications specifically and directly 7 relate to tender of the underlying Strachan Action; and 8 b. Defendant may propound one set of third-party discovery requests each to 9 Aetna Insurance Company, Industrial Underwriters Insurance Company, and their successors, 10 claim administrators, or assigns, for the limited purpose of seeking: (a) true, correct, and complete 11 copies of the policies issued to Herrick by these two insurers; and (b) documents or testimony 12 confirming the allocation of these two insurers' joint settlement payment in the Strachan Action as 13 between their respective policies. 14 6. Both parties further stipulate and agree that the foregoing third-party discovery 15 requests must be served on or before August 20, 2010, and that each party will submit its draft 16 discovery requests to opposing counsel for approval as to scope before such requests are served on 17 any third party. The parties further stipulate and agree that by exchanging draft subpoenas 18 commanding the production of documents or the inspection of premises before trial ("document 19 subpoenas") with opposing counsel and obtaining approval as to scope before such requests are 20 served on any third party, the provision of Federal Rule of Civil Procedure 45(b)(1) requiring 21 notice of a document subpoena to be served on the other party to the litigation before service on 22 the third party will have been satisfied, and that no further advance notice of such document 23 subpoenas need be served on the other party before service of the subpoena on the third party. 24 The parties will provide each other with courtesy copies by e-mail of the proofs of service of their 25 subpoenas promptly after service is made. The parties further stipulate and agree that no 26 additional discovery other than that described in paragraph 5 will be permitted. 27 7. In addition, the parties also believe that a continuation of the last day to hear all 28 case-dispositive motions from September 30, 2010 to December 2, 2010, will provide the parties Case No. C09-03857-CW 3 STIPULATION & [PROPOSED] ORDER TO [a] EXTEND DEADLINE FOR COMPLETION OF CERTAIN LIMITED FACT DISCOVERY & [b] EXTEND DEADLINE FOR HEARING CASE-DISPOSITIVE MOTIONS 1 with sufficient time to complete the limited additional fact discovery as described herein to 2 support their cross-motions for summary judgment. In accordance with the briefing schedule set 3 forth in the Court's Case Management Order (Dkt. No. 42), if the parties file cross-motions for 4 summary judgment, Plaintiffs' opening brief will be filed six weeks before December 2, 2010; 5 Defendant's opposition/cross-motion (contained within a single brief) will be due 2 weeks later; 6 Plaintiffs' opposition/reply (contained in a single brief) will be due one week later; and 7 Defendant's sur-reply will be due 1 week thereafter. 8 8. The parties do not believe that an extension or continuation of any other pretrial or 9 trial deadlines are necessary. The parties believe that the brief extensions requested will not 10 interfere with, but will actually promote, the efficient resolution of this case. 11 9. For the reasons set forth above, the parties hereby stipulate, and respectfully 12 request that the Court grant their request to (a) extend the deadline to complete certain limited fact 13 discovery as described in paragraphs 5 and 6, above, from August 13, 2010 to September 30, 2010 14 and (b) extend the deadline for hearing all case-dispositive motions from September 30, 2010 to 15 December 2, 2010. 16 DATED: August 9, 2010 17 18 19 20 21 22 23 24 25 26 27 28 Case No. C09-03857-CW 4 STIPULATION & [PROPOSED] ORDER TO [a] EXTEND DEADLINE FOR COMPLETION OF CERTAIN LIMITED FACT DISCOVERY & [b] EXTEND DEADLINE FOR HEARING CASE-DISPOSITIVE MOTIONS 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 DATED: August 7, 2010 1 PURSUANT TO THE STIPULATION SET FORTH ABOVE, IT IS SO ORDERED that 2 the deadline for the parties to complete certain limited fact discovery as described in paragraph 5 3 and subject to the conditions set forth in paragraph 6 of the parties' Stipulation as set forth above 4 is extended from August 13, 2010 to September 30, 2010. 5 PURSUANT TO THE STIPULATION SET FORTH ABOVE, IT IS FURTHER 6 ORDERED that the deadline to hear all case-dispositive motions is extended from September 30, 7 2010 to December 2, 2010, with Plaintiffs' opening brief filed six weeks before December 2, 8 2010; Defendant's opposition/cross-motion (contained within a single brief) filed 2 weeks later; 9 Plaintiffs' opposition/reply (contained in a single brief) filed one week later; and Defendant's sur10 reply filed 1 week thereafter. This may necessitate a continuance of the trial date. 11 12 DATED: 8/13/2010 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No. C09-03857-CW 5 STIPULATION & [PROPOSED] ORDER TO [a] EXTEND DEADLINE FOR COMPLETION OF CERTAIN LIMITED FACT DISCOVERY & [b] EXTEND DEADLINE FOR HEARING CASE-DISPOSITIVE MOTIONS CLAUDIA WILKEN United States District Judge

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