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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1 2 3 4 5 MUSICK, PEELER & GARRETT LLP ATTORNEYS AT LAW ONE WILSHIRE BUILDING 624 SOUTH GRAND AVENUE, SUITE 2000 LOS ANGELES, CALIFORNIA 90017-3383 TELEPHONE (213) 629-7600 FACSIMILE (213) 624-1376 Susan J. Field (State Bar No. 086200) s.field@mpglaw.com Chad A. Westfall (State Bar No. 208968) c.westfall@mpglaw.com 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 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 26 27 28 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. 7 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. 11 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; 13 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; 16 WHEREAS, on October 18, 2017, the parties participated in mediation, during which the 17 mediator indicated a mediator’s proposal would be provided. 18 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. 20 WHEREAS, the deadline for the parties to respond to the mediator’s proposals is 21 November 8, 2017. 22 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. 27 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 2 Case No. 4:17-cv-02220-YGR STIPULATION AND [PROPOSED] ORDER 1 WHEREFORE, LIU, Zurich and Old Republic and Plaintiffs stipulate and agree to the 2 following: 3 1. LIU, Zurich and Old Republic are not moving to dismiss the complaint. 4 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: 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MUSICK, PEELER & GARRETT LLP ATTORNEYS AT LAW 1075316.3 3 Case No. 4:17-cv-02220-YGR STIPULATION AND [PROPOSED] ORDER 1 DATED: MANATT, PHELPS & PHILLIPS LLP 2 3 October 26, 2017 By: 4 /s/ Amy B. Briggs, Esq. Attorneys for WEBCOR CONSTRUCTION, LP d/b/a WEBCOR BUILDERS 5 DATED: WOLKIN CURRAN LLP October 26, 2017 By: DATED: 6 BRANSON, BRINKOP, GRIFFITH & CAMPO LLP October 26, 2017 By: DATED: SINNOTT, PUEBLA CAMPAGNE & CURET PLC 7 8 9 /s/ Brandt L. Wolkin, Esq. Attorneys for ARCHITECTURAL GLASS AND ALUMINUM CO., INC. 10 11 12 13 14 15 /s/ John R. Campo, Esq. Attorneys for OLD REPUBLIC GENERAL INSURANCE CORPORATION 16 17 October 26, 2017 By: 18 19 /s/ Blaise S. Curet, Esq. John T. Meno, Esq. Attorneys for ZURICH AMERICAN INSURANCE COMPANY 20 21 22 DATED: MUSICK, PEELER & GARRETT LLP October 26, 2017 By: 23 24 25 /s/ Susan J. Field, Esq. Chad A. Westfall, Esq. Attorneys for LIBERTY INSURANCE UNDERWRITERS INC. 26 27 28 MUSICK, PEELER & GARRETT LLP ATTORNEYS AT LAW 1075316.3 4 Case No. 4:17-cv-02220-YGR STIPULATION AND [PROPOSED] ORDER 1 ORDER 2 3 IT IS SO ORDERED. 4 October 27, 2017 5 DATED: 6 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 MUSICK, PEELER & GARRETT LLP ATTORNEYS AT LAW 1075316.3 5 Case No. 4:17-cv-02220-YGR STIPULATION AND [PROPOSED] ORDER

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