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