Columbia Casualty Company v. Gordon Trucking, Inc.

Filing 49

ORDER DENYING STIPULATION TO SHORTEN TIME FOR HEARING ON DEFENDANT'S MOTIONG re 43 Stipulation. Signed by Judge James Ware on 4/26/2010. (ecg, COURT STAFF) (Filed on 4/26/2010)

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John S. Rossiter, Jr., Bar No. 151113 [e-mail] Euphemia N. Thomopulos, Bar No. 262107 [e-mail] PERKINS COIE LLP Four Embarcadero Center, Suite 2400 San Francisco, CA 94111-4131 Telephone: [phone] Facsimile: 415.344.7050 Brian P. Hennessy, Bar No. 226721 [e-mail] PERKINS COIE LLP 101 Jefferson Drive Menlo Park, CA 94025 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant Gordon Trucking, Inc.

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION COLUMBIA CASUALTY COMPANY, an Illinois corporation, Plaintiff, v. GORDON TRUCKING, INC., a Washington corporation, and DOES 1 through 10, Defendants. Case No.: CV-09-05441-JW STIPULATION AND [PROPOSED] ORDER TO SHORTEN TIME ON DEFENDANT AND COUNTERCLAIMANT GORDON TRUCKING, INC.'S NOTICE OF MOTION AND MOTION FOR AN ORDER DISMISSING ITS CLAIMS AGAINST AMERICAN INTERNATIONAL SPECIALTY LINES INSURANCE COMPANY PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41(a)(2)

GORDON TRUCKING, INC., a Washington corporation, Counterclaimant, v. COLUMBIA CASUALTY COMPANY, an Illinois corporation; AMERICAN INTERNATIONAL SPECIALTY LINES INSURANCE COMPANY, an Alaska corporation; GREAT WEST CASUALTY COMPANY, a Nebraska corporation; and DOES 1 through 10,
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CASE NO. CV-09-05441-JW STIPULATION AND [PROPOSED] ORDER SHORTENING TIME ON GTI'S MOTION TO DISMISS ITS CLAIMS

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Counterdefendants.

WHEREAS, on November 10, 2009, Columbia Casualty Company ("COLUMBIA") sued its insured Gordon Trucking, Inc. ("GORDON TRUCKING") in California state court for declaratory relief, seeking a declaration that it is not responsible for paying any amount as a result of a jury verdict and settlement in an underlying litigation Bianchi v. Salazar Equipment Company, Inc., et al. Civil Case No. 1-08-CV-104548, filed in the Superior Court of California, County of Santa Clara. WHEREAS, on November 17, 2009, GORDON TRUCKING removed this action from California state court to this Court (DKT #1). WHEREAS, on December 22, 2009, GORDON TRUCKING filed Defendant and Counterclaimant Gordon Trucking, Inc.'s First Amended Answer to Columbia Casualty Company's Complaint, Affirmative Defenses and Counterclaims (DKT #9), alleging claims against COLUMBIA, Great West Casualty Company ("GREAT WEST")1, and American International Specialty Lines Insurance Company ("AISLIC"). WHEREAS, GORDON TRUCKING represents that it and AISLIC have reached a settlement whereby GORDON TRUCKING has agreed to dismiss its claims against AISLIC with prejudice and without costs to either party. WHEREAS, COLUMBIA declined to stipulate to GORDON TRUCKING's request pursuant to FRCP 41(a)(1) for a voluntary dismissal of GORDON TRUCKING's claims against AISLIC. WHEREAS, GORDON TRUCKING represents that concurrently with this Stipulation, it will be filing Defendant and Counterclaimant Gordon Trucking, Inc.'s Notice of Motion and Motion For an Order Dismissing its Claims Against American International Specialty Lines Insurance Company Pursuant to Federal Rule of Civil Procedure 41(A)(2) ("Motion"), requesting

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GREAT WEST is no longer a party to the action, as all claims brought by and against Great West have been dismissed. DKT #34
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that the Court enter an order dismissing GORDON TRUCKING's claims against AISLIC with prejudice and without costs to either party, per the parties' settlement agreement. WHEREAS, COLUMBIA has indicated that it will oppose GORDON TRUCKING's Motion. WHEREAS, pursuant to Local Rule 6-2(a), GORDON TRUCKING and COLUMBIA nevertheless stipulate and request that the Court rule on GORDON TRUCKING's Motion without a hearing pursuant to the following shortened briefing schedule: (1) Any Opposition to the Motion is due 14 days after the Court enters an order shortening time on the Motion; (2) Gordon Trucking's Reply is due 21 days after the Court enters said order shortening time; (3) Thereafter, the matter is deemed submitted by the Court for a ruling with no hearing IT IS SO STIPULATED.

DATED: April 20, 2010

PERKINS COIE LLP By: /s/ Brian Hennessy Brian Hennessy (SBN 226721) [e-mail] Attorneys for Defendant and Counterclaimant Gordon Trucking, Inc.

DATED: April 20, 2010

BINGHAM MCCUTCHEN LLP By: /s/ Frank Kaplan Frank Kaplan (SBN 50859) [e-mail] Attorneys for Counterdefendant and Crossclaimant American International Specialty Lines Insurance Company

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DATED: April 20, 2010

ADORNO YOSS ALVARADO & SMITH LLP By: /s/ Patrick Cathcart Patrick Cathcart (SBN 65413) [e-mail] Attorneys for Plaintiff, Counterdefendant and Crossdefendant COLUMBIA CASUALTY COMPANY

I, Brian Hennessy, hereby attest, pursuant to N.D. Cal. General Order No. 45, that the concurrence to the filing of this document has been obtained from each signatory hereto. DATED: April 20, 2010 PERKINS COIE LLP By: /s/ Brian Hennessy Brian Hennessy (SBN 226721) [e-mail] Attorneys for Defendant and CrossComplainant Gordon Trucking, Inc. PURSUANT TO STIPULATION, IT IS ORDERED AS FOLLOWS: In lightThethe Court's highly impacted calendar, the stipulation towithout atime for hearing on of Court will rule on GORDON TRUCKING'S Motion shorten hearing pursuant to Defendant's Motion is DENIED. The hearing remains as previously set for September 27, 2010 the9:00 AM. Briefing shall occur in Any Opposition to the Motion is due 14 days after the Court at following briefing schedule: (1) accordance with the local rules. enters this Order shortening time on the Motion; (2) Gordon Trucking's Reply is due 21 days after the Court enters this Order shortening time on the Motion; (3) Thereafter, the matter is deemed submitted by the Court for a ruling with no hearing.

April 26, 2010 Dated: _____________

_______________________________ Honorable James Ware

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