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

Filing 167

ORDER GRANTING REVISED STIPULATION EXTENDING TIME FOR LIU, ZURICH AND OLD REPLUBLIC TO ANSWER PLAINTIFFS' SECOND AMENDED COMPLAINT TO 11/15/2017. Signed by Judge Yvonne Gonzalez Rogers on 10/27/2017. (fs, COURT STAFF) (Filed on 10/27/2017)

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MUSICK, PEELER & GARRETT LLP
ATTORNEYS AT LAW
ONE WILSHIRE BUILDING
624 SOUTH GRAND AVENUE, SUITE 2000
LOS ANGELES, CALIFORNIA 90017-3383
TELEPHONE [phone]
FACSIMILE [phone]

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

6 Attorneys for LIBERTY INSURANCE UNDERWRITERS
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION

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11 WEBCOR CONSTRUCTION, LP dba
WEBCOR BUILDERS, a California limited
12 partnership;
ARCHITECTURAL GLASS AND
13 ALUMINUM CO., INC., a California
corporation,,
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Plaintiffs,
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vs.
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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,,
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Defendants.
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CASE No. 4:17-cv-02220-YGR

ORDER GRANTING

REVISED STIPULATION AND
[PROPOSED] ORDER EXTENDING
TIME FOR LIU, ZURICH AND OLD
REPUBLIC TO ANSWER PLAINTIFFS’
SECOND AMENDED COMPLAINT
The Hon. Yvonne Gonzalez Rogers

25 AND RELATED COUNTER, CROSS AND
THIRD-PARTY-CLAIMS
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Defendants Liberty Insurance Underwriters Inc. (“LIU”), Zurich American Insurance
1075316.3

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

1 Company (“Zurich”), and Old Republic General Insurance Corporation (“Old Republic”) on the
2 one hand and Plaintiffs WEBCOR CONSTRUCTION, LP dba WEBCOR BUILDERS,
3 (“Webcor”) and ARCHITECTURAL GLASS AND ALUMINUM CO., INC. (“AGA”)
4 (collectively, “Plaintiffs”) on the other hereby submit the following Stipulation Extending Time to
5 for LIU, Zurich and Old Republic to Answer Plaintiffs’ Second Amended Complaint in the above6 captioned action.
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WHEREAS, on September 28, 2017, this Court granted National Union’s motion to

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

12 Court, Northern District of California, case number 4:17-cv-02220-YGR;
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WHEREAS, on or about October 10, 2017, Plaintiffs electronically served LIU, Zurich

14 and Old Republic with the SAC, triggering Defendants’ responsive pleading deadline of October
15 24, 2017;
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WHEREAS, on October 18, 2017, the parties participated in mediation, during which the

17 mediator indicated a mediator’s proposal would be provided.
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WHEREAS, on October 21, 2017 the mediator sent a mediator’s proposal for a global

19 settlement as to all parties except for the third-party defendants.
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WHEREAS, the deadline for the parties to respond to the mediator’s proposals is

21 November 8, 2017.
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WHEREAS, LIU, Zurich and Old Republic and Plaintiffs agree it would be mutually

23 beneficial to wait to address a potential response to the SAC and oppositions to any motions
24 challenging the SAC until it can be determined whether a resolution pursuant to the mediator’s
25 proposal can be achieved in order to allow these parties to focus on whatever efforts may be made
26 in order to achieve a settlement in the near future.
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WHEREAS, National Union and Plaintiffs submitted a similar stipulation and proposed

28 order on October 23, 2017 [Dkt 161], extending time for National Union’s response to the SAC.
MUSICK, PEELER
& GARRETT LLP
ATTORNEYS AT LAW

1075316.3

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

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WHEREFORE, LIU, Zurich and Old Republic and Plaintiffs stipulate and agree to the

2 following:
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1. LIU, Zurich and Old Republic are not moving to dismiss the complaint.

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2. The deadline for LIU, Zurich and Old Republic to Answer to the SAC is extended from

5 October 24, 2017 until and including November 15, 2017.
6 IT IS SO STIPULATED:
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MUSICK, PEELER
& GARRETT LLP
ATTORNEYS AT LAW

1075316.3

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

1 DATED:

MANATT, PHELPS & PHILLIPS LLP

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3 October 26, 2017

By:

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

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DATED:

WOLKIN CURRAN LLP

October 26, 2017

By:

DATED:

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BRANSON, BRINKOP, GRIFFITH & CAMPO LLP

October 26, 2017

By:

DATED:

SINNOTT, PUEBLA CAMPAGNE & CURET PLC

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

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

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17 October 26, 2017

By:

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

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DATED:

MUSICK, PEELER & GARRETT LLP

October 26, 2017

By:

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

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MUSICK, PEELER
& GARRETT LLP
ATTORNEYS AT LAW

1075316.3

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

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ORDER

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3 IT IS SO ORDERED.
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October 27, 2017
5 DATED:
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YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT JUDGE

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MUSICK, PEELER
& GARRETT LLP
ATTORNEYS AT LAW

1075316.3

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