Webcor Construction, LP et al v. Zurich American Insurance Company, et al

Filing 165

AMENDED ORDER re 163 Order [*AS MODIFIED BY THE COURT*] Granting 162 Stipulation Extending Time to Respond to Plaintiffs' Second Amended Complaint. Response filed by 11/9/17. Any Motion to Dismiss shall be set for hearing on or after ** DECEMBER 19, 2017**, to be heard with any other pending motion to dismiss. Signed by Judge Yvonne Gonzalez Rogers on 10/25/2017. (fs, COURT STAFF) (Filed on 10/25/2017)

1
2
3
4
5

Susan J. Field (State Bar No. 086200)
[e-mail]
Chad A. Westfall (State Bar No. 208968)
[e-mail]

6 Attorneys for LIBERTY INSURANCE UNDERWRITERS
7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION

10
11 WEBCOR CONSTRUCTION, LP dba
WEBCOR BUILDERS, a California limited
12 partnership;
ARCHITECTURAL GLASS AND
13 ALUMINUM CO., INC., a California
corporation,,
14
Plaintiffs,
15
vs.
16
ZURICH AMERICAN INSURANCE
17 COMPANY, a New York corporation;
WESTCHESTER FIRE INSURANCE
18 COMPANY, a Pennsylvania corporation;
OLD REPUBLIC GENERAL INSURANCE
19 CORPORATION, an Illinois corporation;
NATIONAL UNION FIRE INSURANCE
20 COMPANY OF PITTSBURGH, PA., a
Pennsylvania corporation; LIBERTY
21 INSURANCE UNDERWRITERS INC., an
Illinois corporation; STARR INDEMNITY &
22 LIABILITY COMPANY, a Texas corporation,
and DOES 1-10 Inclusive,,
23
Defendants.
24

*** AMENDED ORDER***
CASE No. 4:17-cv-02220-YGR
ORDER GRANTING
STIPULATION AND [PROPOSED]
ORDER EXTENDING TIME TO
RESPOND TO PLAINTIFFS’ SECOND
AMENDED COMPLAINT
AS MODIFIED BY THE COURT

25 AND RELATED COUNTER, CROSS AND
THIRD-PARTY-CLAIMS
26
27
28

Defendant Liberty Insurance Underwriters Inc., Zurich American Insurance Company, and
1075316.2

Case No. 4:17-cv-02220-YGR
STIPULATION AND [PROPOSED] ORDER

1 Old Republic General Insurance Corporation (collectively “Defendants”) on the one hand and
2 Plaintiffs WEBCOR CONSTRUCTION, LP dba WEBCOR BUILDERS, (“Webcor”) and
3 ARCHITECTURAL GLASS AND ALUMINUM CO., INC. (“AGA”) (collectively, “Plaintiffs”)
4 on the other hereby submit the following Stipulation Extending Time to Respond to Second
5 Amended Complaint in the above-captioned action.
6

WHEREAS, on September 28, 2017, this Court granted National Union’s motion to

7 dismiss Plaintiffs’ First Amended Complaint, and ordered that Plaintiffs file their Second
8 Amended Complaint (“SAC”) no later than October 10, 2017 and that all Defendants, including
9 National Union, file their response to the SAC within 14 days of filing.
10

WHEREAS, Plaintiffs filed their SAC on October 10, 2017 in the United States District

11 Court, Northern District of California, case number 4:17-cv-02220-YGR;
12

WHEREAS, on or about October 10, 2017, Plaintiffs electronically served Defendants

13 with the SAC, triggering Defendants’ responsive pleading deadline of October 24, 2017;
14

WHEREAS, on October 18, 2017, the parties participated in mediation, during which the

15 mediator indicated a mediator’s proposal would be provided.
16

WHEREAS, on October 21, 2017 the mediator sent a mediator’s proposal for a global

17 settlement as to all parties except for the third-party defendants.
18

WHEREAS, the deadline for the parties to respond to the mediator’s proposals is

19 November 8, 2017.
20

WHEREAS, Defendants and Plaintiffs agree it would be mutually beneficial to wait to

21 address a potential response to the SAC and oppositions to any motions challenging the SAC until
22 it can be determined whether a resolution pursuant to the mediator’s proposal can be achieved in
23 order to allow these parties to focus on whatever efforts may be made in order to achieve a
24 settlement in the near future.
25

WHEREAS, National Union and Plaintiffs submitted a similar stipulation and proposed

26 order on October 23, 2017 [Dkt 161], extending time for National Union’s response to the SAC.
27

WHEREFORE, Defendants and Plaintiffs stipulate and agree to the following:

28

1. The deadline for Defendants to Answer to the SAC is extended from October 24, 2017
1075316.2

2

Case No. 4:17-cv-02220-YGR
STIPULATION AND [PROPOSED] ORDER

1 until and including November 15, 2017.
2 IT IS SO STIPULATED:
3 DATED:

MANATT, PHELPS & PHILLIPS LLP

4
5 October 24, 2017

By:

6

/s/
Amy B. Briggs, Esq.
Attorneys for WEBCOR CONSTRUCTION, LP d/b/a
WEBCOR BUILDERS

7
DATED:

WOLKIN CURRAN LLP

October 24, 2017

By:

DATED: October 24, 2017

8

BRANSON, BRINKOP, GRIFFITH & CAMPO LLP

9
10
11

/s/
Brandt L. Wolkin, Esq.
Attorneys for ARCHITECTURAL GLASS AND
ALUMINUM CO., INC.

12
13
14

By:

15
16
17

DATED: October 24, 2017

/s/
John R. Campo, Esq.
Attorneys for OLD REPUBLIC GENERAL
INSURANCE CORPORATION

SINNOTT, PUEBLA CAMPAGNE & CURET PLC

18
By:

19
20
21

/s/
Blaise S. Curet, Esq.
John T. Meno, Esq.
Attorneys for ZURICH AMERICAN INSURANCE
COMPANY

22
23

DATED: October 24, 2017

24

MUSICK, PEELER & GARRETT LLP

By:

25
26
27

/s/
Susan J. Field, Esq.
Chad A. Westfall, Esq.
Attorneys for LIBERTY INSURANCE
UNDERWRITERS INC.

28
1075316.2

3

Case No. 4:17-cv-02220-YGR
STIPULATION AND [PROPOSED] ORDER

AMENDED
ORDER

1

2 The deadline for National Union to respond to the SAC is extended from October 24, 2017 to
November 9, 2017. Any motion to dismiss shall be set for hearing on or after December 19, 2017,
3
to be heard with any other pending motion to dismiss.
4 IT IS SO ORDERED.
5
6

DATED: October 25, 2017
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT JUDGE

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1075316.2

4

Case No. 4:17-cv-02220-YGR
STIPULATION AND [PROPOSED] ORDER