Diamond State Insurance Company v. Marin Mountain Bikes, Inc. et al

Filing 48

ORDER by Judge Claudia Wilken Granting 46 Stipulation Continue Trial Date and to Extend Pretrial Deadlines. (ndr, COURT STAFF) (Filed on 9/18/2012)

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1 2 3 4 5 6 JAMES C. NIELSEN (111889) jnielsen@nielsenhaley.com JENNIFER S. COHN (169973) jcohn@nielsenhaley.com NIELSEN, HALEY & ABBOTT LLP 44 Montgomery Street, Suite 750 San Francisco, California 94104 Telephone: (415) 693-0900 Facsimile: (415) 693-9674 7 Attorneys for Plaintiff Diamond State Insurance Company 8 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN FRANCISCO/OAKLAND DIVISION 12 13 DIAMOND STATE INSURANCE COMPANY, an Indiana corporation, 14 Plaintiff, 15 STIPULATION AND ORDER TO CONTINUE TRIAL DATE AND TO EXTEND PRETRIAL DEADLINES v. 16 17 No. 4:11-CV-05193-CW MARIN MOUNTAIN BIKES, INC., a California corporation: et al., 18 Defendants. 19 20 21 AND RELATED COUNTERCLAIMS. 22 23 24 25 26 27 1 ________________________________________________________________________ STIPULATION AND ORDER TO CONTINUE TRIAL DATE AND TO EXTEND PRE-TRIAL DEADLINES, NO. 4:11-CV-05193-CW 1 2 3 WHEREAS, plaintiff/counterdefendant Diamond State Insurance Company commenced this insurance coverage action on October 24, 2011, 4 5 WHEREAS, during the case management conference on May 2, 2012, the Court set a trial date of January 14, 2013, as well as various pre-trial deadlines. 6 7 WHEREAS, defendant/counterclaimant Marin Mountain Bikes filed an answer and counterclaims against Diamond State on May 16, 2012, 8 WHEREAS, Diamond State filed a motion to strike Marin’s affirmative defenses and to 9 dismiss Marin’s original counterclaims (and for a more definite statement) on June 11, 2012, 10 WHEREAS, Marin responded to Diamond State’s motion by filing amended 11 counterclaims on July 2, 2012, and requesting leave to file amended affirmative defenses, 12 WHEREAS, Diamond State filed a reply brief supporting its motion to strike the original 13 affirmative defenses, arguing that Marin’s proposed amended affirmative defenses are defective 14 and violate FRCP 8(b) and 9(b), 15 16 WHEREAS, Diamond State filed a motion to dismiss Marin’s amended counterclaims on July 25, 2012, 17 18 WHEREAS, the Court held a hearing on Diamond State’s motion to dismiss Marin’s amended counterclaims on August 30, 2012, 19 WHEREAS, in an order dated September 10, 2012, the Court granted Marin leave to file 20 its amended affirmative defenses, ordered that Diamond State’s reply brief concerning the 21 motion to strike Marin’s original affirmative defenses be treated as a motion to strike the 22 amended affirmative defenses, and set further briefing deadlines on the motion (Marin’s response 23 brief is due within two weeks of September 10, 2012, and Diamond State’s further reply brief is 24 due one week thereafter), 25 WHEREAS, the order dated September 10, 2012, granted Diamond State’s motion to 26 dismiss Marin’s amended counterclaims for breach of contract, breach of the implied covenant of 27 good faith and fair dealing, and fraud, but also granted Marin leave to amend each of those 2 ________________________________________________________________________ STIPULATION AND ORDER TO CONTINUE TRIAL DATE AND TO EXTEND PRE-TRIAL DEADLINES, NO. 4:11-CV-05193-CW 1 counterclaims, including (as to the fraud counterclaim) “leave to amend to assert actionable 2 fraudulent representations about the coverage that would be provided for ATB made outside of 3 the policy language itself.” 4 WHEREAS, the order dated September 10, 2012, extended the dispositive motion hearing 5 deadline from October 4, 2012, to December 13, 2012, and took off calendar the status 6 conference scheduled for October 4, 2012, but did not continue the trial date itself, discovery cut 7 off, expert disclosure deadline, or other pre-trial deadlines, 8 9 10 WHEREAS, the parties previously obtained a stipulated order to extend the discovery cut off by two weeks (from October 1, 2012, to October 22, 2012), but have made no other prior stipulations or requests to extend the pre-trial deadlines set by the Court on May 2, 2012. 11 12 WHEREAS, the parties have not previously stipulated or requested to continue the current trial date of January 14, 2013, 13 WHEREAS the parties agree that the current trial date, discovery cut off, expert 14 disclosure deadline, and other pre-trial deadlines are no longer workable given that Marin plans 15 to file a further amended counterclaim on or before the deadline of September 17, 2012, and 16 Diamond State’s motion to strike Marin’s amended affirmative defenses is still pending, 17 Plaintiff/Cross-defendant Diamond State Insurance Company and Defendant/Cross- 18 complainant Marin Mountain Bikes, Inc., hereby stipulate and request that the Court order that 19 the original trial date and original pre-trial deadlines be continued and extended by 120 days as 20 follows: 21 22 Completion of Fact Discovery: Extended from 10/22/12 (per prior 2 week 23 prior stipulated extension) to 1/29/13 (120 days 24 from original deadline of 10/1/12). 25 Disclosure of Identifies and Reports of Expert Extended from 10/15/12, to 2/13/12 (120 days 26 Witnesses: from 10/15/12 deadline, plus an extra day due 27 to the last day falling on Lincoln’s birthday). 3 ________________________________________________________________________ STIPULATION AND ORDER TO CONTINUE TRIAL DATE AND TO EXTEND PRE-TRIAL DEADLINES, NO. 4:11-CV-05193-CW 1 Completion of Expert Discovery Extended 120 days from 11/15/12, to 3/15/13. 2 All case-dispositive motions to be heard at 2:00 Extended from 12/13/12 (per 9/10/12 order 3 p.m. on or before: extending original deadline) to 2/7/13 (120 4 5 days from original deadline of 10/4/12). Final pre-trial conference: Continued 120 days from 1/2/13, to 5/8/13, or 6 7 as soon thereafter as the Court is available. Jury trial: Continued 120 days from 1/14/13, to 5/14/13, 8 or as soon thereafter as the Court is available. 9 10 IT IS SO STIPULATED. 11 12 Dated: September __, 2012 NIELSEN HALEY & ABBOTT, LLP 13 By: 14 15 ___________________________ Jennifer Cohn Attorneys for Plaintiff/Cross-defendant Diamond State Insurance Company 16 17 Dated: September __, 2012 DONAHUE GALLAGHER WOODS LLP 18 19 By: 20 21 ___________________________ W. Rock Hill Attorneys for Defendant/Cross-complainant Marin Mountain Bikes, Inc. 22 23 24 PURSUANT TO THE ABOVE STIPULATION, IT IS SO ORDERED, except a further case management conference will be held on February 7, 2013; the pretrial conference will be held on Wednesday, May 1, 2013, at 2:00 p.m; and the jury trial will begin on Monday, May 13, 2013 at 8:30 a.m. 25 26 9/18/2012 Dated: _________________ 27 ___________________________ Hon. Claudia Wilken United States District Court Judge 4 ________________________________________________________________________ STIPULATION AND ORDER TO CONTINUE TRIAL DATE AND TO EXTEND PRE-TRIAL DEADLINES, NO. 4:11-CV-05193-CW

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