City of Capitola v. Lexington Insurance Company

Filing 83

Order by Hon. Lucy H. Koh granting 79 Stipulated Request to Enlarge Time.(lhklc2, COURT STAFF) (Filed on 4/15/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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CITY OF CAPITOLA,

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Plaintiff,

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v.

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LEXINGTON INSURANCE COMPANY,
and DOES 1 through 100, inclusive,

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Defendants.

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) Case No.: 5:12-CV-03428-LHK
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) ORDER GRANTING STIPULATED
) REQUEST TO ENLARGE TIME
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A hearing for Plaintiff’s Motion for Partial Summary Judgment is currently scheduled for
July 18, 2013.
On March 28, 2013, the Court granted the Parties’ Second Stipulated Request for an

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Order Enlarging Time for Opposition to Partial Summary Judgment Motion, and denied as moot

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Defendant’s pending Motion to Enlarge Time and Motion to Shorten Time. ECF No. 71. The

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Court noted in that Order that any future motions to change time shall comply with Northern

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District of California Civil Local Rule 6. Civil Local Rule 6 provides in relevant part that any

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stipulated request for an order changing time must be accompanied by a declaration that (1) sets

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forth with particularity, the reasons for the requested enlargement or shortening of time; (2)

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discloses all previous time modifications in the case, whether by stipulation or Court order; and

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-1ORDER GRANTING STIPULATED REQUEST TO ENLARGE TIME
CASE NO. 5:12-CV-03428-LHK

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(3) describes the effect the requested time modification would have on the schedule for the case.

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See Civ. L. R. 6-2(a).

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On April 11, 2013, the parties filed a Stipulated Request for an Order Enlarging Time for

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Exchange of Expert Reports. ECF No. 79. The stipulation does not include a declaration, nor

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does it address the multiple previous time modifications in this case. The parties do indicate that

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good cause exists to grant the stipulated extension because the parties are actively engaged in

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productive settlement negotiations.

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The parties’ stipulation is hereby GRANTED. However, any future motions to change
time in this case will be disfavored.

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IT IS SO ORDERED.

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Dated: April 15, 2013

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Honorable Lucy H. Koh

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-2ORDER GRANTING STIPULATED REQUEST TO ENLARGE TIME
CASE NO. 5:12-CV-03428-LHK