San Francisco Bay Area Rapid Transit District v. Travelers Property Casualty Company of America

Filing 44

ORDER GRANTING AS MODIFIED 43 STIPULATION to Amend Order Scheduling Trial and Pretrial Matters. Discovery due by 9/8/2016. Expert Witness List due by 10/27/2016. Jury Selection set for 12/7/2016 08:00 AM in Courtroom 5, 2nd Floor, Oakland before Hon. Jeffrey S. White. Jury Trial set for 12/12/2016 08:00 AM in Courtroom 5, 2nd Floor, Oakland before Hon. Jeffrey S. White. Motion Hearing set for 8/12/2016 09:00 AM in Courtroom 5, 2nd Floor, Oakland before Hon. Jeffrey S. White. Pretrial Conference set for 11/21/2016 02:00 PM in Courtroom 5, 2nd Floor, Oakland before Hon. Jeffrey S. White. Signed by Judge JEFFREY S. WHITE on 1/5/16. (jjoS, COURT STAFF) (Filed on 1/5/2016)

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PETER O. GLAESSNER, State Bar No. 93830
[e-mail]
LORI A. SEBRANSKY, State Bar No. 125211
[e-mail]
ALLEN, GLAESSNER, HAZELWOOD & WERTH, LLP
180 Montgomery Street, Suite 1200
San Francisco, CA 94104
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Plaintiff and Counterdefendant
SAN FRANCISCO BAY AREA RAPID TRANSIT
DISTRICT
UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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180 Montgomery Street, Suite 1200
San Francisco, California 94104

ALLEN, GLAESSNER, HAZELWOOD & WERTH, LLP

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OAKLAND DIVISION
SAN FRANCISCO BAY AREA RAPID
TRANSIT DISTRICT,
Plaintiffs,

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v.

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Defendants.
TRAVELERS PROPERTY CASUALTY
COMPANY OF AMERICA, a Connecticut
Corporation,

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Counterclaimant and
Third-Party
Claimant,

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STIPULATION AND [PROPOSED] ORDER
TO AMEND ORDER SCHEDULING TRIAL
AND PRETRIAL MATTERS AS MODIFIED

TRAVELERS PROPERTY CASUALTY
COMPANY OF AMERICA, a Connecticut
Corporation,

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Case No. 3:15-cv-01313-JSW

v.
SAN FRANCISCO BAY AREA RAPID
TRANSIT DISTRICT; SENTINEL
INSURANCE COMPANY LTD., a
Connecticut Corporation; and DOES 1-20,
inclusive,
Counterdefendant
and Third-Party
Defendants.

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75546.1

STIPULATION TO AMEND
SCHEDULING ORDER
CASE NO.: 3:15-CV-01313-JSW

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RECITALS

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Plaintiff/counterdefendant San Francisco Bay Area Rapid Transit District (BARTD),

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defendant/counterclaimant/third-party claimant/counterdefendant Travelers Property Casualty

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Company of America, and third-party defendant and counterclaimant Sentinel Insurance

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Company, LTD, jointly submit this Stipulation to request that the Court modify the August 5,

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2015 Amended Order Scheduling Trial and Pretrial Matters by extending the applicable trial and

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pretrial deadlines by 90 days. The reasons for this request and stipulation are as follows:

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1.

This coverage dispute arises from a fatal accident that occurred on Saturday,

October 19, 2013 on the track between the Walnut Creek and Pleasant Hill BARTD stations.

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180 Montgomery Street, Suite 1200
San Francisco, California 94104

ALLEN, GLAESSNER, HAZELWOOD & WERTH, LLP

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Christopher Sheppard, Manager of BARTD Track & Grounds, and Laurence Daniels, a contractor

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working for Anil Verma Associates, Inc. (“AVA”), an engineering firm that is insured by

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Travelers were on the track the afternoon of October 19 when they were struck by a train and

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killed.

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2.

Mr. Daniel’s heirs have sued BARTD for wrongful death in a civil suit styled,

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Amber Daniels, et. al, v. Bay Area Rapid Transit District, Alameda County Superior Court No.

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RG14725711. Plaintiffs essentially allege that BARTD negligently failed to protect Mr. Daniels

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while he was working on tracks during rail car movement.

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3.

BARTD filed a cross-complaint against AVA in the Daniels action for declaratory

relief, and for implied and express indemnity and contribution.
4.

BARTD is an additional insured under the Travelers policy under some

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circumstances. BARTD tendered its defense of the Daniels lawsuit to Travelers under the

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additional insured endorsement. Travelers denied that tender. BARTD filed this insurance action

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to determine whether Travelers has an obligation to defend.

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5.

Travelers filed a third-party claim against Sentinel Insurance Company, which

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insured Mr. Daniels’ company (Daniels Engineering). By this third-party claim, Travelers

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contends that should the Court find that Travelers owes BARTD a defense, that defense should be

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provided by Sentinel, and not by Travelers. Sentinel denies the claims asserted against it and

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75546.1

STIPULATION TO AMEND
SCHEDULING ORDER
CASE NO.: 3:15-CV-01313-JSW

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filed a counterclaim for declaratory relief.

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6.

The parties have been working cooperatively to resolve this coverage dispute in

the most efficient way possible. In September 2015, BARTD and the insurers attended an initial

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mediation session in the underlying case. Although some progress was made, the wrongful death

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claims were not resolved. The parties to this insurance action, however, were able to discuss in

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principle a potential settlement strategy that would encompass the insurers’ defense obligations to

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BARTD, and BARTD’s liability claims against AVA (Travelers’ insured), thus resolving the

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claims involved in this action.

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7.

Unfortunately, settlement progress has been delayed by the wrongful death

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plaintiffs’ efforts to amend their pleadings to assert a survivorship claim (although Mr. Daniels

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died instantly), which they contend increases the value of their case by several million dollars.

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Pleading challenges to that claim are currently pending. It will be difficult to engage in

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productive settlement negotiations encompassing the wrongful death claims until those pleading

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challenges are resolved. BARTD also has learned about a peripheral issue involving another

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agency that could potentially affect BARTD’s settlement. BARTD is working to sort that issue

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out now.

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180 Montgomery Street, Suite 1200
San Francisco, California 94104

ALLEN, GLAESSNER, HAZELWOOD & WERTH, LLP

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8.

In addition to participation in mediation in the underlying case, BART and the

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insurers agreed to mediation and have had several telephone conferences with our appointed

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mediator, Richard Sipos. Mr. Sipos has been a very good resource. The parties and Mediator

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agree that it makes most sense to resolve the insurance claims in conjunction with mediation of

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the underlying wrongful death suit.

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9.

Given these circumstances, including the delay in the underlying case, and the

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parties’ continued desire to work toward a global resolution without incurring unnecessary

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litigation costs, our mediator Mr. Sipos suggested, and the parties agreed, that the parties ask this

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Court to modify the August 5, 2015 Amended Order Scheduling Trial and Pretrial Matters by

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extending all deadlines by 90 days.

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///

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75546.1

STIPULATION TO AMEND
SCHEDULING ORDER
CASE NO.: 3:15-CV-01313-JSW

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STIPULATION

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For these reasons, it is hereby stipulated by and between San Francisco Bay Area Rapid

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Transit District (BARTD), Travelers Property Casualty Company of America, and Sentinel

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Insurance Company LTD, through their respective counsel of record, subject to the Court’s

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approval, that the current Amended Order Scheduling Trial and Pretrial Matters be modified to

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extend all deadlines by 90 days. The modified dates are noted in bold:

Jury Trial Date:

Monday, December 12, 2016 at 8:00 a.m.

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Jury Selection:

Wednesday, December 7, 2016 at 8:00 a.m.

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Pre-Trial Conference:

Monday, November 21, 2016 at 2:00 p.m.

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Last Day to Hear
Dispositive Motions:

Friday, August 12
Thursday, August 11, 2016 at 9:00 a.m.

Last day for Expert
Discovery:

Thursday, October 27, 2016

Last day for Expert
Disclosure:

Monday, October 3, 2016

Close of Non-expert
Discovery:

Thursday, September 8, 2016

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Deadline to Mediate:

Thursday, April 28, 2016

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The parties appreciate the Court’s attention and consideration.

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180 Montgomery Street, Suite 1200
San Francisco, California 94104

A.

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ALLEN, GLAESSNER, HAZELWOOD & WERTH, LLP

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Respectfully submitted,

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DATES

Dated: January 4, 2016

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ALLEN, GLAESSNER,
HAZELWOOD & WERTH, LLP

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By:

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///

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75546.1

/s/ Lori A. Sebransky
PETER O. GLAESSNER
LORI A. SEBRANSKY
Attorneys for SAN FRANCISCO BAY AREA
RAPID TRANSIT DISTRICT

STIPULATION TO AMEND
SCHEDULING ORDER
CASE NO.: 3:15-CV-01313-JSW

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Dated: January 4, 2016

CATES PETERSON LLP

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By:

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/s/ Mark D. Peterson
MARK D. PETERSON
Attorneys for TRAVELERS PROPERTY
CASUALTY COMPANY OF AMERICA

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Dated: January 4, 2016

SMITH ELLISON

By:

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180 Montgomery Street, Suite 1200
San Francisco, California 94104

ALLEN, GLAESSNER, HAZELWOOD & WERTH, LLP

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/s/ Michael W. Ellison
MICHAEL W. ELLISON
Attorneys for SENTINEL INSURANCE
COMPANY LTD.

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ORDER

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The parties’ stipulation is adopted and IT IS SO ORDERED. AS MODIFIED.

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January 5, 2016
Dated: _________________

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______________________________
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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75546.1

STIPULATION TO AMEND
SCHEDULING ORDER
CASE NO.: 3:15-CV-01313-JSW