Franjo, Inc. v. American International Group, Inc. et al

Filing 31

ORDER by Judge Saundra Brown Armstrong Granting 30 Stipulation TO STAY INITIAL STATUS CONFERENCE PENDING DETERMINATION OF THE AIG DEFENDANTS' MOTION TO TRANSFER TO MDL (ndr, COURT STAFF) (Filed on 1/10/2014)

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Deborah R. Rosenthal (#184241)
[e-mail]
SIMMONS BROWDER GIANARIS
ANGELIDES & BARNERD LLC
455 Market Street, Suite 1150
San Francisco, California 94105
Phone: [phone]
Fax: [phone]

Derek Y. Brandt *
[e-mail]
SIMMONS BROWDER GIANARIS
ANGELIDES & BARNERD LLC
One Court Street
Alton, Illinois 62002
Phone: [phone]
Fax: [phone]

Drew E. Pomerance (#101239)
[e-mail]
Nicholas P. Roxborough (#113540)
[e-mail]
ROXBOROUGH POMERANCE NYE & ADREANI LLP
5820 Canoga Ave., Suite 250
Woodland Hills, California 91367
Phone: [phone] / Fax: [phone]
Attorneys for Plaintiffs Franjo, Inc., DMS Facility Services, Inc., and all others
similarly situated

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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FRANJO, INC., and DMS FACILITY
SERVICES, INC., individually and on
behalf of all others similarly situated,
Plaintiffs,

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v.
AMERICAN INTERNATIONAL
GROUP, INC.; AIU INSURANCE
COMPANY; AMERICAN FUJI FIRE
AND MARINE INSURANCE
COMPANY; AMERICAN HOME
ASSURANCE COMPANY;
CHARTIS PROPERTY CASUALTY
COMPANY f/k/a AIG CASUALTY
COMPANY f/k/a BIRMINGHAM FIRE
INSURANCE COMPANY OF
PENNSYLVANIA; COMMERCE AND
INDUSTRY INSURANCE COMPANY,
INC.; GRANITE STATE INSURANCE
COMPANY; INSURANCE COMPANY
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Case No.: CV-13-4685-SBA
STIPULATION AND ORDER TO
STAY INITIAL STATUS
CONFERENCE PENDING
DETERMINATION OF THE AIG
DEFENDANTS’ MOTION TO
TRANSFER TO MDL

STIPULATION TO STAY INITIAL STATUS CONFERENCE

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OF THE STATE OF PENNSYLVANIA;
NATIONAL UNION FIRE
INSURANCE COMPANY OF
PITTSBURGH, PA; NEW
HAMPSHIRE INSURANCE
COMPANY; AIG RISK
MANAGEMENT INC., MAURICE R.
GREENBERG; and DOES 1 through 10
inclusive,
Defendants.

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-2STIPULATION TO STAY INITIAL STATUS CONFERENCE

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WHEREAS, on October 24, 2013, Plaintiffs Franjo, Inc., and DMS Facility

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Services initiated this action by the filing of their Class Action Complaint (the

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“Class Action Complaint”), designated Case No. 13-cv-4685, in the United States

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District Court for the North District of California (“this Action”); and

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WHEREAS, the Class Action Complaint names as defendants American

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International Group, Inc., AIU Insurance Company, American Fuji Fire and Marine

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Insurance Company, American Home Assurance Company, Chartis Property

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Casualty Company f/k/a AIG Casualty Company f/k/a Birmingham Fire Insurance

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Company of Pennsylvania, Commerce and Industry Insurance Company, Inc.,

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Granite State Insurance Company, Insurance Company of the State of

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Pennsylvania, National Union Fire Insurance Company of Pittsburgh,

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Pennsylvania, New Hampshire Insurance Company, and AIG Risk Management

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Inc. (collectively, “the AIG Defendants”), Maurice R. Greenberg (“Greenberg”),

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and Does 1 through 10 inclusive; and

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WHEREAS, in civil actions now pending in multiple other jurisdictions,

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other plaintiffs have asserted related or similar claims to those made in Case No.

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13-cv-4685; and

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WHEREAS, on or about December 19, 2013, the AIG Defendants filed with

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United States Judicial Panel on Multidistrict Litigation (“JPML”) a motion,

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pursuant to 28 U.S.C. § 1407, to transfer all related actions to the United States

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District Court for the Northern District of Illinois, thereby opening MDL No. 2519.

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According to AIG’s memorandum in support of its § 1407 motion to transfer,

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counsel for Defendant Greenberg, “while reserving all his rights and

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objections…does not oppose the relief sought on [AIG’s motion to transfer].” MDL

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No. 2519 Doc.#1-1 at p.2, n. 2. The JPML has entered a briefing schedule for the

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motion pending in MDL no. 2519, but there has been no judicial MDL

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determination and there has been no judicial determination of the relatedness of the

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aforementioned actions;
-3STIPULATION TO STAY INITIAL STATUS CONFERENCE

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WHEREAS, an Initial Status Conference for this Action is currently set for
January 22, 2014 at 2:30 p.m.

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NOW THEREFORE:

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IT IS HEREBY STIPULATED AND AGREED BY AND BETWEEN THE

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UNDERSIGNED COUNSEL FOR THE PARTIES:
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The Initial Status Conference currently set for January 22, 2014 is

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hereby stayed pending the JPML’s ruling on the AIG Defendants’ § 1407 motion to

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transfer.

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2.

The deadlines to submit the parties’ Rule 26(f ) Plan and Initial

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Disclosures are further stayed pending the JPML’s ruling on the AIG Defendants’ §

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1407 motion to transfer.

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3.

Once there has been a ruling on the AIG Defendants’ § 1407 motion to

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transfer, the parties agree to promptly inform the Court, so the Court may take the

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appropriate action to either transfer the case or reschedule the various matters

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which have been stayed.

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Dated: January 9, 2014

ROXBOROUGH POMERANCE NYE &
ANDREANI, LLP

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By: ___/s/__Anne S. Kelson__________
Attorneys for Plaintiffs Franjo, Inc., DMS
Facility Services, Inc., and all others
similarly situated

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Dated: January 9, 2014

SKADDEN, ARPS, SLATE, MEAGHER
& FLOM LLP

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By:
__/s/____________________________
Attorneys for Defendant Maurice R.
Greenberg

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STIPULATION TO STAY INITIAL STATUS CONFERENCE

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Dated: January_9, 2014

QUINN EMANUEL URQUHART &
SULLIVAN, LL

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By:__/s/___________________________
Attorneys for Defendants American
International Group, Inc. AIU Insurance
Company, American Fuji Fire and
Marine Insurance Company, American
Home Assurance Company, Chartis
Property Casualty Company f/k/a AIG
Casualty Company f/k/a Birmingham Fire
Insurance Company of Pennsylvania,
Commerce and Industry Insurance
Company, Inc., Granite State Insurance
Company, Insurance Company of the
State of Pennsylvania, National Union
Fire Insurance Company of Pittsburgh,
Pennsylvania, New Hampshire Insurance
Company, and AIG Risk Management,
Inc.

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STIPULATION TO STAY INITIAL STATUS CONFERENCE

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Pursuant to the foregoing stipulation to stay the Initial Status Conference

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pending the JPML’s ruling on the AIG Defendants’ § 1407 motion to transfer and

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good cause appearing, it is hereby ORDERED that:

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1. The Initial Status Conference currently set for January 22, 2014 is hereby

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stayed pending the JPML’s ruling on the AIG Defendants’ § 1407 motion

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to transfer.

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2. The deadlines to submit the parties’ Rule 26(f ) Plan and Initial

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Disclosures are further stayed pending the JPML’s ruling on the AIG

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Defendants’ § 1407 motion to transfer.

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3. Once there has been a ruling on the AIG Defendants’ § 1407 motion to

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transfer, the parties will promptly inform the Court, so the Court may take

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the appropriate action to either transfer the case or reschedule the various

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matters which have been stayed.

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IT IS SO ORDERED.
1/10/2014
DATE __________________

___________________________________
The Honorable Saundra B. Armstrong
United States District Judge

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-1[PROPOSED] ORDER