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

Filing 59

ORDER Granting 58 Stipulation to Further Continue Pre-Trial Deadlines and Trial. Case Management Statement due by 5/2/2013. Motion/ Further Case Management Conference set for 5/9/2013 02:00 PM. Pretrial Conference set for 8/7/2013 02:00 PM before Hon. Claudia Wilken. Jury Selection/ Jury Trial (2 day) set for 8/19/2013 08:30 AM before Hon. Claudia Wilken. Signed by Judge Claudia Wilken on 8/28/2012. (ndr, COURT STAFF) (Filed on 12/28/2012)

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JAMES C. NIELSEN (111889)
[e-mail]
JENNIFER S. COHN (169973)
[e-mail]
NIELSEN, HALEY & ABBOTT LLP
44 Montgomery Street, Suite 750
San Francisco, California 94104
Telephone: [phone]
Facsimile: [phone]
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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No. 4:11-CV-05193-CW
STIPULATION AND ORDER TO
FURTHER CONTINUE PRE-TRIAL
DEADLINES AND TRIAL

v.
MARIN MOUNTAIN BIKES, INC., a
California corporation: et al.,
Defendants.

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AND RELATED COUNTERCLAIMS.
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PROPOSED STIPULATION AND ORDER TO FURTHER CONTINUE PRE-TRIAL DEADLINES AND TRIAL–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,
WHEREAS, during the case management conference on May 2, 2012, the

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Court set an original trial date of January 14, 2013, as well as various pre-trial

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deadlines.

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WHEREAS, defendant/counterclaimant Marin Mountain Bikes filed an
answer and counterclaims against Diamond State on May 16, 2012,
WHEREAS, Diamond State filed a motion to strike Marin’s original
affirmative defenses and to dismiss Marin’s original counterclaims (and for a more
definite statement) on June 11, 2012,
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

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defenses, including a new affirmative defense of laches

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WHEREAS, Diamond State filed a reply brief supporting its motion to strike

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the original affirmative defenses, arguing that Marin’s proposed amended

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affirmative defenses were defective 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,
WHEREAS, in an order dated September 10, 2012, the Court granted Marin

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leave to file its amended affirmative defenses, ordered that Diamond State’s reply

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brief concerning the motion to strike the original affirmative defenses be treated as

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a motion to strike the amended affirmative defenses, and set further briefing

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deadlines,

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WHEREAS, the order dated September 10, 2012, granted Diamond State’s

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motion to dismiss Marin’s amended counterclaims for breach of contract, breach of

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the implied covenant of good faith and fair dealing, and fraud, but also granted

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Marin leave to amend each of those counterclaims,

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WHEREAS, Marin filed its second amended counterclaims on September
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PROPOSED STIPULATION AND ORDER TO FURTHER CONTINUE PRE-TRIAL DEADLINES AND TRIAL–NO.

4:11-CV-05193-CW

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18, 2012, again asserting claims for breach of contract, breach of the implied

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covenant of good faith and fair dealing and fraud,
WHEREAS, Diamond filed a motion to dismiss the second amended

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counterclaims on October 21, 2012,
WHEREAS, the court issued an order on December 21, 2012, granting

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Diamond’s motion to dismiss the second amended counterclaims without leave to

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amend,
WHEREAS, the court’s order of December 21, 2012, granted Diamond’s

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motion to strike Marin’s first two affirmative defenses (estoppel and unclean

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hands), but denied the motion to strike Marin’s third affirmative defense of laches,

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WHEREAS the court previously ordered (per stipulation of the parties) that

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the original trial date and original pre-trial deadlines be continued and extended by

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120 days,
WHEREAS, the current deadline for: (1) completion of fact discovery is

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1/29/13, (2) disclosure of identities and reports of expert witnesses is 2/13/12, (3)

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completion of expert discovery is 3/15/13, (4) hearing of any dispositive motion is

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2/7/13, (4) final pre-trial conference is 5/8/13, (5) trial is 5/14/13 or as soon

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thereafter as the court is available,
WHEREAS, the parties agree that the above deadlines should be extended an

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additional 90 days to allow sufficient time to address the issues remaining in the

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case,

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Plaintiff/Cross-defendant Diamond State Insurance Company and

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Defendant/Cross-complainant Marin Mountain Bikes, Inc. hereby stipulate and

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request that the Court order that the trial date and pre-trial deadlines be continued

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and extended by an additional 90 days as follows:

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Completion of Fact Discovery:

Extended from 1/29/13 to 4/29/13

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PROPOSED STIPULATION AND ORDER TO FURTHER CONTINUE PRE-TRIAL DEADLINES AND TRIAL–NO.

4:11-CV-05193-CW

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Disclosures of Identities and Reports of

Extended from 2/13/13 to 5/13/13

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Expert Witnesses

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Completion of Expert Discovery

Extended from 3/15/13 to 6/17/13

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All case dispositive motions to be heard

Extended from 2/7/13 to 5/7/13

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at 2:00 p.m. on or before:

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Final pre-trial conference:

Extended from 5/8/13 to 8/8/13

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Jury trial

Extended from 5/13/13 to 8/13/13

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IT IS SO STIPULATED,

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Dated: December __, 2012

NIELSEN HALEY & ABBOTT, LLP

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By:

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_____________________________
Jennifer S. Cohn
Attorneys for Plaintiff/Cross-defendant
Diamond State Insurance Company

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Dated: December __, 2012

DONAHUE GALLAGHER WOODS LLP

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By:

_____________________________
Casey L. Williams
Attorneys for Defendant/Cross-complainant
Marin Mountain Bikes, Inc.

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PURSUANT TO THE ABOVE STIPULATION, IT IS SO ORDERED except the
dispostive motion/further case management conference will be held on
5/9/2013 at 2:00 p.m.; the pretrial conference will be held on 8/7/2013 at 2:00
p.m.; and the jury trial will begin on 8/19/2013 at 8:30 a.m.

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PROPOSED STIPULATION AND ORDER TO FURTHER CONTINUE PRE-TRIAL DEADLINES AND TRIAL–NO.

4:11-CV-05193-CW

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Dated: December 28 2012
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___________________
Hon. Claudia Wilken
United States District Court Judge

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PROPOSED STIPULATION AND ORDER TO FURTHER CONTINUE PRE-TRIAL DEADLINES AND TRIAL–NO.

4:11-CV-05193-CW