Sutton et al v. American Security Insurance Company

Filing 30

STIPULATION AND ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES re 29 Stipulation filed by American Security Insurance Company Case Management Statement due by 11/23/2011. Initial Case Management Conference set for 12/1/2011 09:00 AM. Signed by Judge Phyllis J. Hamilton on 9/27/11. (nah, COURT STAFF) (Filed on 9/27/2011)

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Raymond J. Tittmann, No. 191298
CARROLL, BURDICK & McDONOUGH LLP
Attorneys at Law
44 Montgomery Street, Suite 400
San Francisco, CA 94104
Telephone:
415.989.5900
Facsimile:
415.989.0932
Email:
[e-mail]

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Attorneys for Defendant and Third Party Plaintiff
AMERICAN SECURITY INSURANCE COMPANY

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND, CALIFORNIA

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JAMES SUTTON AND LYNETTE
SUTTON,

No. 4:10-CV-05624 PJH
THE PARTIES’ STIPULATION AND
REQUEST TO CONTINUE CASE
MANAGEMENT CONFERENCE AND
RELATED DEADLINES AND [PROPOSED]
ORDER

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Plaintiff,
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v.
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AMERICAN SECURITY
INSURANCE COMPANY, a
Delaware Corporation, and DOES 1
THROUGH 10,

Date: September 29, 2011
Time: 2:00 p.m.
Dept.: Courtroom 3
The Honorable Phyllis J. Hamilton

Defendant.

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AMERICAN SECURITY
INSURANCE COMPANY,

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Third Party Plaintiff,
v.
HARTFORD FIRE INSURANCE
COMPANY,
Third Party Defendant.

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STIPULATION
IT IS HEREBY STIPULATED AND RESPECTFULLY REQUESTED, by
and between plaintiffs and Lynette James Sutton, Defendant American Security Insurance

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CBM-IPG\SF525113
STIP AND [PROPOSED] ORDER TO CONTINUE CMC AND RELATED DEADLINES (NO. CV10-5624 PJH)

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Company (“American Security”), and Defendant Hartford Fire Insurance Company

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(“Hartford”) (collectively, the Parties) that the initial Case Management Conference

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currently scheduled for September 29, 2011 at 2:00 p.m. be continued to October 20, 2011

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at 2:00 p.m., or as soon thereafter as the Court is available, and that all corresponding

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deadlines shall be continued accordingly. (Though the Parties are available on October

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20, 2011, the Parties believe the case management conference should be scheduled after

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the October 21, 2011 mediation, and therefore request that the Court reschedule it for

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October 27, 2011, or later.)

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The parties jointly request this continuance because Mr. Sutton, who is
representing himself and Mrs. Sutton, is out of town unavailable until October 12, 2011.
The parties have met and conferred with respect to the Joint Case Management

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Statement and are close to completing that document for filing. The parties are also

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endeavoring to conduct a mediation on October 21, 2011. The parties intend to submit

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ADR certifications and a stipulation and proposed order re mediation shortly in

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compliance with the Court’s standing orders.

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Before this matter was referred to District Court Judge Hamilton, and before

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either of the defendants were served in this case, plaintiffs asked the Magistrate Judge for

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two continuances of the initial case management conference, which were granted. No

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continuances have been granted since American Security and Hartford have appeared (on

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July 26, 2011 and September 14, 2011, respectively).

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CBM-IPG\SF525113

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STIP AND [PROPOSED] ORDER TO CONTINUE CMC AND RELATED DEADLINES (NO. CV10-5624 PJH)

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Dated: September 23, 2011

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CARROLL, BURDICK & McDONOUGH LLP

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By

/S/
Raymond J. Tittmann
Attorneys for Defendant and Third Party Plaintiff
American Security Insurance Company

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JAMES AND LYNETTE SUTTON

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By

/S/
James Sutton
Pro Se and for Lynette Sutton

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MICLEAN GLEASON LLP

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By

/S/
Gary R. Gleason
Attorneys for Third Party Defendant
Hartford Fire Insurance Company

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CBM-IPG\SF525113

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STIP AND [PROPOSED] ORDER TO CONTINUE CMC AND RELATED DEADLINES (NO. CV10-5624 PJH)

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GENERAL ORDER 45 CERTIFICATION

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I, Raymond J. Tittmann, hereby attest pursuant to N.D. Cal. General Order No.

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45 that the concurrence to the filing of this document has been obtained from each

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signatory.

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Dated: September 23, 2011

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CARROLL, BURDICK & McDONOUGH LLP

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By

/S/
Raymond J. Tittmann
Attorneys for Defendant and Third Party Plaintiff
American Security Insurance Company

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[PROPOSED] ORDER
PURSUANT TO STIPULATION, IT IS HEREBY ORDERED THAT:

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The Case Management Conference and hearing on Continental’s Motion

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December 1
to Dismiss is continued from September 29, 2011 at 2:00 p.m. to ______________, 2011

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at 2:00. The parties’ Case Management Conference Statement shall be due one week in

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advance. All other deadlines shall be continued accordingly.

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Dated: September __, 2011

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CBM-IPG\SF525113

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STIP AND [PROPOSED] ORDER TO CONTINUE CMC AND RELATED DEADLINES (NO. CV10-5624 PJH)