Westchester Surplus Lines Insurance Company v. Urata & Sons Cement, Inc. et al

Filing 27

STIPULATION AND ORDER CONTINUING RESPONSIVE PLEADING DEADLINE AND RESCHEDULING CASE MANAGEMENT CONFERENCE re 26 Stipulation, filed by Westchester Surplus Lines Insurance Company. Joint Case Management Statement due by 12/29/2011. Initial Case Management Conference set for 1/5/2012 02:00 PM in Courtroom 3, 3rd Floor, Oakland. Signed by Judge Phyllis J. Hamilton on 11/10/11. (nah, COURT STAFF) (Filed on 11/10/2011)

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Donald E. Dorfman (SBN 63725)
Andrew R. Neilson (SBN 221694)
NIXON PEABODY LLP
One Embarcadero Center, 18th Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff
WESTCHESTER SURPLUS LINES INSURANCE COMPANY

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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CASE NO. C 11-02438 PJH
WESTCHESTER SURPLUS LINES
INSURANCE COMPANY,
Plaintiff,

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STIPULATION AND PROPOSED ORDER
CONTINUING RESPONSIVE PLEADING
DEADLINE AND RESCHEDULING CASE
MANAGEMENT CONFERENCE

vs.
URATA & SONS CEMENT, INC. and
BOSA DEVELOPMENT CALIFORNIA II,
INC.
Defendants.

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STIPULATION
This is an insurance coverage dispute. Plaintiff Westchester Surplus Lines Insurance
Company (“Westchester”) seeks a judicial declaration regarding its duties and obligations arising
from an underlying action known as Liburd v. Bosa Development, Inc. et al., San Francisco Superior
Court, Case No. CGC-09-491615 (the “Underlying Action”). Westchester, together with Defendant
Urata & Sons Cement, Inc. (“Urata.” Collectively, the “Parties”) are presently negotiating issues in
the Underlying Action which could materially affect the coverage questions herein.
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STIPULATION AND PROPOSED ORDER
C 11-02438 PJH

13669429.1

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The Parties believe that it would promote efficiency and conservation of the Court’s and the
Parties’ resources to continue pretrial deadlines while the Parties continue to negotiate.

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THEREFORE, the Parties, through their undersigned counsel, hereby stipulate and agree:

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1.

Urata’s responsive pleading deadline shall be continued to December 1, 2011.

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2.

The Case Management Conference current scheduled for November 17, 2011, shall be

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continued to January 5, 2012.
SO STIPULATED.

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Dated: November 7, 2011

NIXON PEABODY LLP

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By

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/s/ Andrew Neilson
Attorneys for Plaintiff
WESTCHESTER SURPLUS LINES
INSURANCE COMPANY

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Dated: November 7, 2011

ERICKSEN ARBUTHNOT LLP

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By

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/s/ Andrew Sclar
Attorneys for Defendant
URATA & SONS CEMENT, INC.

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-2STIPULATION AND PROPOSED ORDER
C 11-02438 PJH

13669429.1

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[PROPOSED] ORDER

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For good cause appearing:

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1.

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Defendant Urata & Sons, Inc.’s responsive pleading deadline is continued to

December 1, 2011.
2.

The Case Management Conference currently scheduled for November 17, 2011, is

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continued to January 5, 2012, at 2:00 p.m. in Courtroom 3, 3rd Floor, Federal Building, 1301 Clay

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Street, Oakland, California. The parties shall meet and confer as required by FRCP 26(f) with respect

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to those subjects set forth in FRCP 16(c). Not less than seven days before the conference, counsel

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shall file a joint case management statement addressing each of the items listed in the “Standing

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Order For All Judges of the Northern District – Contents of Joint Case Management statement.” Any

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request to reschedule the date of the conference shall be made in writing, and by stipulation if

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possible, at least ten days before the date of the conference and must be based on good cause.
IT IS SO ORDERED.

UNIT
ED

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Dated: November ___, 2011

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R NIA

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______________________________
IS SO O
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Hon. Phyllis J. Hamilton

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STIPULATION AND PROPOSED ORDER
C 11-02438 PJH

13669429.1