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

Filing 34

STIPULATION AND ORDER CONTINUING DEADLINES re 33 Notice (Other) filed by Westchester Surplus Lines Insurance Company. Joint Case Management Statement due by 5/31/2012. Case Management Conference set for 6/7/2012 02:00 PM. Signed by Judge Phyllis J. Hamilton on 4/3/12. (nah, COURT STAFF) (Filed on 4/3/2012)

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Donald E. Dorfman (SBN 63725)
[e-mail]
Andrew R. Neilson (SBN 221694)
[e-mail]
NIXON PEABODY LLP
One Embarcadero Center, 18th Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
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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1. NOTICE OF CONDITIONAL
SETTLEMENT
2. STIPULATION AND PROPOSED
ORDER CONTINUING PRETRIAL
DEADLINES

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

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TO THE HONORABLE COURT:
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On March 6, 2012, the above-captioned parties attended mediation with Jerry Spolter, Esq. at
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JAMS, San Francisco. The mediation included participants and issues from above-captioned action,
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as well as the underlying action known as Liburd v. Bosa Development, Inc. et al., San Francisco
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Superior Court, Case No. CGC-09-491615 (the “Underlying Action”).
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The parties herein, Westchester Surplus Lines Insurance Company (“Westchester”) and Urata
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NOTICE OF CONDITIONAL SETTLEMENT
STIPULATION AND PROPOSED ORDER
C 11-02438 PJH
13847973.2

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& Sons Cement, Inc. (“Urata,” collectively the “Parties”)), together with Bosa Development

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California II, Inc. and Aon Risk Services, agreed to settle the insurance coverage issues under

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consideration in this case. Given the number of participants and the complexity of the issues, the

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parties are still negotiating the language of their settlement agreement.

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STIPULATION

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WHEREAS the Parties believe it would promote efficiency and the conservation of the

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Court’s and the Parties’ resources to continue pretrial deadlines while the Parties negotiate the

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language of their settlement agreement;

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THEREFORE, the Parties, through their respective counsel of record, hereby agree and
stipulate that:

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1.

Urata’s responsive pleading deadline shall be continued to May 7, 2012.

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2.

The Case Management Conference currently scheduled for April 5, 2012, shall be

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continued to June 7, 2012.

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SO STIPULATED.

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Dated: March 26, 2012

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: March 26, 2012

ERICKSEN ARBUTHNOT LLP

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By

/s/ Andrew Sclar

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Attorneys for Defendant
URATA & SONS CEMENT, INC.

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NOTICE OF CONDITIONAL SETTLEMENT
STIPULATION AND PROPOSED ORDER
C 11-02438 PJH
13847973.2

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[PROPOSED] ORDER

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For good cause appearing:

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1.

Defendant Urata & Sons, Inc.’s responsive pleading deadline is continued to May 7,

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The Case Management Conference currently scheduled for April 5, 2012, is continued

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2012.

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to June 7, 2012 at 2:00 p.m. in Courtroom 3, 3rd Floor, Federal Building, 1301 Clay Street, Oakland,

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California. The parties shall meet and confer as required by FRCP 26(f) with respect to those

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

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joint case management statement addressing each of the items listed in the “Standing Order For All

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Judges of the Northern District – Contents of Joint Case Management statement.” Any request to

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reschedule the date of the conference shall be made in writing, and by stipulation if possible, at least

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ten days before the date of the conference and must be based on good cause.

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SO ORDERED.

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April 3
Dated: March ___, 2012

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NOTICE OF CONDITIONAL SETTLEMENT
STIPULATION AND PROPOSED ORDER
C 11-02438 PJH
13847973.2

Hamilton

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Judge P

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______________________________
ERED
O ORD
IT IS S
Hon. Phyllis J. Hamilton
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