Golden Bear Insurance Company v. Lexington Insurance Company

Filing 75

ORDER re 74 Denying Request to Change Time. Signed by Judge Koh on 8/1/2011. (lhklc3, COURT STAFF) (Filed on 8/1/2011)

1
2
3
4
5
6
7
UNITED STATES DISTRICT COURT

8

NORTHERN DISTRICT OF CALIFORNIA

9

SAN JOSE DIVISION

United States District Court
For the Northern District of California

10
11

GOLDEN BEAR INSUR. CO.,
Plaintiff,

12
13

v.
LEXINGTON INSUR. CO.,

14

Defendant.

15

)
)
)
)
)
)
)
)
)

Case No.: 10-CV-01672-LHK
ORDER DENYING REQUEST TO
CHANGE TIME
(re: dkt. #74)

16

On July 18, 2011, the parties filed a notice of settlement [dkt. #72], representing to the

17

Court that they have resolved this action and that they will file a stipulation of dismissal on or

18

before August 3, 2011. The parties requested that the Court: (1) extend the deadline for filing of

19

the joint pretrial statement from July 20, 2011 to August 3, 2011; and (2) continue the pretrial

20

conference to August 10, 2011. Trial in this matter is set to begin August 29, 2011.

21

In an Order dated July 18, 2011, and in light of the parties’ express representations of

22

settlement, the Court granted the parties’ request to extend the deadline for filing the pretrial

23

statement to August 3, 2011 and to continue the pretrial conference to August 10, 2011. See Dkt.

24

#73.

25

On August 1, 2011, the parties filed yet another request for extension of time, suggesting

26

that the joint pretrial conference statement be due on August 10, 2011, and the pretrial conference

27

take place on August 17, 2011. See Dkt. #74. Despite their express representations in the July 18,

28

2011 notice of settlement that they could not file a stipulation of dismissal by July 20, 2011, but
1
Case No.: 10-CV-01672-LHK
ORDER DENYING REQUEST TO CHANGE TIME

1

could file a stipulation of dismissal by August 3, 2011, the parties represent that they cannot now

2

file a stipulation of dismissal by August 3, 2011 because “defense counsel is out of state and the

3

client representative for Defendant is on vacation.” Id. at 2.

4

These reasons are insufficient to establish good cause for the parties’ failure to finalize their

5

settlement agreement and file a stipulation of dismissal by August 3, 2011. In light of the Court’s

6

July 18, 2011 Order granting their prior request for an extension, the parties were on notice that

7

they should have acted promptly in order to meet the August 3, 2011 deadline. Accordingly, the

8

parties’ current request for an extension is DENIED.

9

Pursuant to the undersigned’s Jury Pretrial Standing Order, the parties should have already

United States District Court
For the Northern District of California

10

complied with a number of deadlines, including the filing of a joint pretrial statement, the exchange

11

of all exhibits, and the filing of jury materials. By August 3, 2011, the parties must either: (1) file

12

a stipulation of dismissal; or (2) file and serve all the materials specified in the undersigned’s Jury

13

Pretrial Standing Order.

14

IT IS SO ORDERED.

15
16

Dated: August 1, 2011

_________________________________
LUCY H. KOH
United States District Judge

17
18
19
20
21
22
23
24
25
26
27
28
2
Case No.: 10-CV-01672-LHK
ORDER DENYING REQUEST TO CHANGE TIME