Allstate Insurance Company v. Madden

Filing 23

ORDER APPROVING 22 STIPULATION OF THE PARTIES REQUESTING CONTINUANCE OF THE APRIL 3, 2009 CASE MANAGEMENT CONFERENCE. The Case Management Conference set for 4/3/2009 is CONTINUED to 5/8/2009 at 10:30 AM. Signed by Judge Jeremy Fogel on 2/24/09. (jflc2, COURT STAFF) (Filed on 2/24/2009)

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GARY S. ROSE #83744 SUSAN D. PELMULDER #234731 FLYNN, ROSE & PERKINS 59 North Santa Cruz Avenue, Suite Q Los Gatos, California 95030 [phone] [e-mail] [e-mail] Attorneys for Defendant and Counter-Claimant MARILYN MADDEN

**E-Filed 2/24/09**

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ALLSTATE INSURANCE COMPANY, an Illinois Corporation, ) ) ) Plaintiff, ) ) vs. ) ) MARILYN MADDEN, ) ) Defendant. ) ) ) ) MARILYN MADDEN. ) ) Counter-Claimant ) and Third Party ) Claimant, ) ) vs. ) ) ALLSTATE INSURANCE COMPANY, and ) EXCEL RESTORATION, INC. dba ) STEAMATIC OF BAKERSFIELD, a ) California Corporation, ) ) Counter-Defendant ) and ) Third Party Defendant. ) ) ) ) ) Case No. C08 03487 JF STIPULATION OF THE PARTIES REQUESTING CONTINUANCE OF THE APRIL 3, 2009 CASE MANAGEMENT CONFERENCE IN THIS MATTER; --------------PROPOSED-ORDER Action Filed: July 28, 2008

STIPULATION AND [PROPOSED] ORDER Page 1

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Plaintiff and Counter-Defendant ALLSTATE INSURANCE COMPANY, through its counsel of record in this matter, Megan Dunham, Sonnenschein, Nath & Rosenthal LLP; Defendant and Counter-Claimant MARILYN MADDEN, through her counsel of record in this matter, Susan D. Pelmulder, Flynn, Rose & Perkins; and Third-Party Defendant EXCEL RESTORATION, INC., through its counsel of record, Lisa Lenoci, Dimalanta Clark, LLP, hereby enter into the following stipulation: Based on the facts set forth below, the parties hereby request that the Court continue the Case Management Conference ("CMC") and deadline to complete mediation in this matter, currently set for April 3, 2009, for an additional 30 days. The parties have agreed to private mediation before Mr. Bening. Due to conflicts of schedules between the parties and mediator, the first available date is April 23, 2009, which the parties have scheduled for mediation. DATE: February 23, 2009 FLYNN, ROSE & PERKINS By S /S/ Susan D. Pelmulder USAN D. PELMULDER Attorney for MARILYN MADDEN

DATE: February 23, 2009

SONNENSCHEIN, NATH & ROSENTHAL By /S/ Megan L. Dunham MEGAN L. DUNHAM Attorney for ALLSTATE INSURANCE COMPANY

DATE: February 23, 2009

DIMALANTA CLARK LLP

By

/S/ Lisa A. Lenoci LISA A. LENOCI Attorney for EXCEL RESTORATION, INC. dba STEAMATIC OF BAKERSFIELD

I hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/S/) within this e-filed document.
STIPULATION AND [PROPOSED] ORDER Page 2

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ORDER

Based on the stipulations of the parties, and good cause appearing therefor, the Case Management Conference in this matter, currently set for April 3, 2009 at 10:30 a.m. is continued to May 8 _________________, 2009 at 10:30 a.m, by which time the parties are required to have completed mediation. IT IS SO ORDERED. DATE: 2/24/09 HONORABLE JEREMY FOGEL Judge, U. S. District Court

STIPULATION AND [PROPOSED] ORDER Page 3