Financial Indemnity Company v. United States of America

Filing 23

STIPULATION AND ORDER TO CONTINUE SETTLEMENT CONFERENCE, CASE MANAGEMENT CONFERENCE STATEMENT AND CASE MANAGEMENT CONFERENCE re 22 Stipulation, filed by Financial Indemnity Company. Joint Case Management Statement due by 7/1/2010. Further Case Man agement Conference set for 7/8/2010 02:00 PM in Courtroom 3, 3rd Floor, Oakland. Settlement Conference set for 6/17/2010 09:30 AM in Courtroom E, 15th Floor, San Francisco. Signed by Judge Phyllis J. Hamilton on 4/27/10. (nah, COURT STAFF) (Filed on 4/27/2010)

Download PDF
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Robert A. Ring, Bar No. 97850 Susan H. Green, Bar No. 101736 RING & GREEN 3435 Overland Avenue Los Angeles, California 90034-5405 Telephone No.: (310) 226-2550 Facsimile No.: (310) 226-2459 Attorneys for Plaintiff Financial Indemnity Company UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA FINANCIAL INDEMNITY COMPANY, ) ) Plaintiff, ) ) v. ) ) UNITED STATES OF AMERICA, a) government entity; and DOES 1 through) 10, inclusive, ) ) Defendants. ) ) ) ) ) ) ) ) CASE NO.: C-09-04510PJH (EDL) Assigned: Hon. Phyllis J. Hamilton Courtroom: 3 STIPULATION TO CONTINUE SETTLEMENT CONFERENCE, CASE MANAGEMENT CONFERENCE STATEMENT, AND CASE MANAGEMENT CONFERENCE RETURN DATES; ORDER THEREON Current Settlement Conf.: Current CMC Statement Date: Current CMC Date: 4/14/10 4/22/10 4/29/10 IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff Financial Indemnity Company, by and through its attorneys of record, Ring & Green, by Susan H. Green, Esq., and Federal Defendant United States of America, by and through its attorney of record, Victoria Carradero, Esq., that the Settlement Conference Date, that had been currently scheduled in this matter for April 14, 2010, be continued to June 17, 2010 at 9:30 a.m in Department E of the above-entitled court, and that the updated Case Management Conference Statement and Case Management Conference currently scheduled in this matter for April 22, 2010 and April 29, 2010, F:\USI1\United States.1\Stipulation-continue.wpd 1 Stipulation to Continue Settlement Conference, CMC Statement, and Case Management Conference Return Date; Order Thereon 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 respectively, be continued to a date at least one week after the Settlement Conference has been concluded, and preferably to July 1, 2010, and July 8, 2010, respectively. This Stipulation is made and based on the following facts: 1. That Magistrate Judge Elizabeth D. Laporte, the Settlement Conference Judge, required all counsel to personally attend the April 14, 2010, Settlement Conference; 2. That on April 8, 2010, six days before the scheduled Settlement Conference, Susan H. Green of Ring & Green, the attorney handling this matter on Plaintiff's behalf, flew to Chicago to be with her gravely ill 19 year old daughter, who had been in and out of emergency rooms during the preceding three days; 3. That counsel's daughter ultimately was hospitalized in the Chicago area on April 10, 2010, and remained in the hospital until her discharge on April 15, 2010; 4. That as a result of her daughter's hospitalization and counsel's need to remain with her daughter, counsel was unable to attend the Settlement Conference in this matter that previously had been scheduled for April 14, 2010; 5. That Robert A. Ring, the only other attorney at Ring & Green, also was unable to attend the Settlement Conference on April 14, 2010, due to serious injuries that he sustained in a March 20, 2010, bicycle accident, which injuries, even as of this date, continue to preclude him from driving, traveling, or carrying any weight whatsoever; 6. That on April 12, 2010, Plaintiff's counsel's paralegal contacted both counsel for the Defendant United States of America and Judge Laporte's clerk to seek a continuance of the Settlement Conference due to the extenuating circumstances; 7. That the parties agreed to continue the Settlement Conference to a mutually agreeable date. After consultation with Judge Laporte's clerk, the parties have secured a settlement conference date of June 17, 2010; 8. That as this Court had requested the parties to attempt to settle this matter before Judge Laporte before conducting a further Case Management Conference herein, the parties respectfully submit that both the date for filing the Joint Case Management Statement and the date of the further Case Management Conferences should be continued to a date after the currently F:\USI1\United States.1\Stipulation-continue.wpd 2 Stipulation to Continue Settlement Conference, CMC Statement, and Case Management Conference Return Date; Order Thereon 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 scheduled June 17, 2010, Settlement Conference has taken place. WHEREFORE, all parties hereto respectfully request that this Court issue its Order pursuant to this Stipulation, continuing the Settlement Conference from April 14, 2010 to June 17, 2010 at 9:30 a.m. in Department E of the above-entitled Court and further continue the date for filing the Joint Case Management Conference Statement from April 22, 2010, to a date after June 17, 2010, and preferably to July 1, 2010, and further continue the Case Management Conference from April 22, 2010 to July 8, 2010. Respectfully submitted, Dated: April 21, 2010 RING & GREEN By: /s/ Susan H. Green Susan H. Green Attorneys for Plaintiff Financial Indemnity Company Dated: April 21, 2010 JOSEPH P. RUSSONIELLO United States Attorney By:/s/ Victoria R. Carradero Victoria R. Carradero Assistant United States Attorney Attorney for Federal Defendant United States of America F:\USI1\United States.1\Stipulation-continue.wpd 3 Stipulation to Continue Settlement Conference, CMC Statement, and Case Management Conference Return Date; Order Thereon 1 2 3 4 5 6 7 8 9 10 11 12 13 14 27 DATED: April ___, 2010 16 17 18 19 20 21 22 23 24 25 26 27 28 F:\USI1\United States.1\Stipulation-continue.wpd ORDER The Court having read and considered the Stipulation of the parties to continue the Settlement Conference, deadline for filing Joint Case Management Conference Statement and the further Case Management Conference and good cause appearing therefor, IT IS HEREBY ORDERED that the Settlement Conference in this matter be, and hereby is continued from April 14, 2010, to June 17, 2010, at 9:30 a.m. in Department E of this Court. IT IS FURTHER ORDERED that the updated Case Management Conference Statement in this matter be, and hereby is continued from April 22, 2010, to July 1 , 2010. IT IS FURTHER ORDERED that the Case Management Conference in this matter is continued from April 29, 2010, to July 8 of this Court. , 2010, at 2:00 . p. m. in Department THE HONORABLE PHYLLIS J. HAMILTON ED UNITED STATES DISTRICT COURT JUDGEIT ORDER amilton UNIT ED S 15 S DISTRICT TE C TA RT U O ER N F D IS T IC T O R 4 Stipulation to Continue Settlement Conference, CMC Statement, and Case Management Conference Return Date; Order Thereon A C LI FO Ju llis J. H dge Phy R NIA IT IS S O NO RT H

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?