Monterey Mushrooms, Inc. v. Travelers Property Casualty Company of America et al

Filing 24

STIPULATION AND ORDER As Modified by the Court to Amend Scheduling Order re 22 Stipulation. Close of All Discovery due by 11/1/2010. Last Date for Hearing Dispositive Motions due by 12/13/2010. Preliminary Pretrial Conference statement due 9/3/2010. Preliminary Pretrial Conference set for 9/13/2010 11:00 AM in Courtroom 8, 4th Floor, San Jose. ***Deadlines terminated re 20 SCHEDULING ORDER. Signed by Judge James Ware on 6/11/2010. (ecg, COURT STAFF) (Filed on 6/11/2010)

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WILLOUGHBY, STUART & BENING

ALEANDER F. STUART, SBN ­ 96141 RONALD J. COOK, SBN ­ 121398 WILLOUGHBY, STUART & BENING 50 W. San Fernando Street, Suite 400 San Jose, California 95113 Telephone: [phone] Facsimile: [phone] E-Mail: [e-mail] [e-mail] Attorneys for Plaintiff/Counter-Defendant MONTEREY MUSHROOMS, INC.

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS HEREBY STIPUALTED by and between the parties to this action that good cause appears to amend the CASE SCHEDULE set forth in the Court's October 15, 2009 SCHEDULING ORDER. The grounds for this stipulated order are that the parties have diligently
1638.10976S -1STIPULATED ORDER

MONTEREY MUSHROOMS, INC., Plaintiff, vs. TRAVELERS PROPERTY CASUALTY COIMPANY OF AMERICA; THE TRAVELERS LLOYDS INSURANCE COMPANY; and DOES 1 through 100 (INCLUSIVE), Defendants. THE TRAVELERS LLOYDS INSRUANCE COMPANY, Counter-Claimant, vs. MONTEREY MUSHROOM, INC. Counter-Defendant.

cv-02501-JW CASE NO: 5:09-C-09-02501 JW STIPULATED ORDER AMENDING CASE SCHEDULE IN SCHEDULING ORDER

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WILLOUGHBY, STUART & BENING

been working toward a mediated resolution of this coverage dispute through the services of JAMS mediator Judge Richard Silver (Ret.). His mediation efforts have been ongoing continuously since December 17, 2009, and included a second session on February 17, 2010. It was during that session that the parties agreed that in order to have fruitful settlement discussions, the two sides needed to come to some agreement on the range, if not the actual amount of damages. Consequently, the parties agreed that their respective CPA's would meet at Plaintiffs facility in Texas to review documents and meet with on site personnel, and thereafter meet and confer in an effort to reach agreement on the amount of Plaintiff's Hurricane Ike damage claims. That process was lengthy and finished up on or about May 25, 2010. As a result the parties agree that the total amount of damage exceeds $3.65 Million Dollars. Since that time, Judge Silver has been in constant telephone contact with the parties attempting to settle the case. This ongoing process has resulted in an agreement by the parties to attend a final mediation session in Monterey on the first available date on Judge Silver's calendar, July 7, 2010. Because of Judge Silver's ongoing efforts, combined with the work being done by the CPA's, the parties agreed to refrain from the time and expense of litigation. The parties have agreed that if the case does not settle at the July 7, 2010 mediation, depositions begin the following day on July 8, 2010. In light of these facts, the parties agree, and hereby stipulate that the court may amend the CASE SCHEDULE by continuing all existing deadlines by no less than 60 days to new dates that are convenient with the Court's schedule. This includes continuing the following currently scheduled deadlines: June 14, 2010 July 2, 2010 July 12, 2010
1638.10976S

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Disclosure of Expert Witnesses (63 days before discovery closes) Preliminary Pretrial Conference Statements Preliminary Pretrial Conference
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WILLOUGHBY, STUART & BENING

August 16, 2010 October 18, 2010 Dated: June 11, 2010

Close of Discovery Last Date to Hear Dispositive Motions WILLOUGHBY, STUART & BENING

By:

/s/ Alexander F. Stuart Ronald J. Cook Attorneys for Plaintiff/Counter-Defendant MONTEREY MUSHROOMS

Dated: June 11, 2010

BULLIVANT HOUSER BAILEY

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1638.10976S -3STIPULATED ORDER

By:

SAMUEL H. RUBY Attorneys for Defendants TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA and THE TRAVELERS LLOYDS INSURANCE COMPANY

/s/

I hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/s/) within this efiled document. STIPULATED ORDER IT IS HEREBY ORDERED that based on the stipulation of the parties, the CASE SCHEDULE in the SCHEDULING ORDER in this action is hereby amended to extend the deadlines set forth therein to the following dates: August 30, 2010 September 3, 2010 Disclosure of Expert Witnesses (63 days before discovery closes) Preliminary Pretrial Conference Statements

September 13, 2010 Preliminary Pretrial Conference November 1, 2010 Close of Discovery

December 20, 2010 Last Date to Hear Dispositive Motions 13

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WILLOUGHBY, STUART & BENING

All other rules and orders set forth in the SCHEDULING ORDER that are not impacted by the new dates shall remain the same. Dated:
June 11, 2010

JAMES WARE United States District Judge

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1638.10976S -4STIPULATED ORDER