Evanston Insurance Company, Inc. v. Giuffrida Cardens Homeowners Association, Inc. et al

Filing 46

ORDER APPROVING 45 FURTHER STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES. Case Management Statement due by 9/25/2014. Case Management Conference set for 10/2/2014 01:30 PM in Courtroom 3, 5th Floor, San Jose. (blflc1, COURT STAFF) (Filed on 8/13/2014)

1 EDWARD P. GARSON (SBN 96786)
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WILSON, ELSER, MOSKOWITZ,
EDELMAN & DICKER LLP
525 Market Street, 17th Floor
San Francisco, CA 94105
Telephone:
[phone]
Facsimile:
[phone]

5 Attorneys for Plaintiff,
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EVANSTON INSURANCE COMPANY, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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EVANSTON INSURANCE COMPANY,

11 INC., an Illinois corporation,
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Plaintiff,
v.

Case No.: CV 13-01860 BLF
FURTHER STIPULATION TO CONTINUE
CASE MANAGEMENT CONFERENCE
AND RELATED DEADLINES;
[PROPOSED] ORDER

14 GIUFFRIDA GARDENS HOMEOWNERS
ASSOCIATION, INC., a California non-profit

15 mutual benefit corporation, and FIVE STAR
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WINDOWS, a California sole proprietorship,
Defendants.

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WHEREAS, Evanston Insurance Company, Inc. (“Evanston”) filed a Complaint for

20 Declaratory Relief against Giuffrida Gardens Homeowners Association, Inc. and Five Star
21 Windows on April 23, 2013;
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WHEREAS, defendant Five Star Windows answered the Complaint on June 14, 2013;

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WHEREAS, defendant Giuffrida Gardens Homeowners Association, Inc. answered the

24 Complaint on July 30, 2013;
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WHEREAS, on April 17, 2014 this case was reassigned to the Honorable Beth Labson

26 Freeman for all further proceedings;
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WHEREAS, a Further Stipulation to Continue Case Management Conference to August 21,

28 2014 was filed on July 10, 2014.
1238175v.1

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STIPULATION TO CONTINUE CMC; [PROPOSED] ORDER
Case No. CV 13-01860 LHK

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WHEREAS, this Court approved the Case Management Conference to be continued to

2 August 21, 2014;
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WHEREAS, the parties have reached a settlement of this case which is still in the final

4 stage of being reduced to a formal, multi-party settlement agreement and release; and
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WHEREAS, counsel for Evanston, Giuffrida Gardens Homeowners Association, Inc., and

6 Five Star Windows agree to, and hereby request, a further postponement of the case management
7 conference;
8 THE PARTIES HEREBY STIPULATE AND AGREE, AND REQUEST THAT THE COURT
9 ORDER, THAT:
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1.

The last date to file a Joint Case Management Statement is continued to September

11 25, 2014; and
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2.

The Case Management Conference is continued to a date on or after October 2,

13 2014, at 1:30 p.m. in Courtroom 3 of the above-captioned Court.
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15 Date: August 13, 2014

WILSON, ELSER, MOSKOWITZ, EDELMAN
& DICKER LLP

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By:

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/s/ Edward P. Garson
EDWARD P. GARSON
Attorneys for Plaintiff EVANSTON INSURANCE
COMPANY, INC.

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Date: August 13, 2014

WILLOUGHBY, STUART & BENNING

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By:

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/s/ Ronald J. Cook
RONALD J. COOK
Attorneys for Defendant, FIVE STAR WINDOWS

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STIPULATION TO CONTINUE CMC; [PROPOSED] ORDER
Case No. CV 13-01860 LHK

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Date: August 13, 2014

MEREDITH, WEINSTEIN & NUMBERS, LLP

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By:

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/s/ Barron L. Weinstein
BARRON L. WEINSTEIN
SHANTI EAGLE
Attorneys for Defendant, GIUFFRIDA GARDENS
HOMEOWNERS ASSOCIATION, INC.

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[PROPOSED] ORDER

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Pursuant to Stipulation, IT IS SO ORDERED.
The last date to file a Joint Case Management Statement is continued to September 25,
2014. The case management conference is continued to October 2, 2014, at 1:30 p.m. in
Courtroom 3 of the above-captioned Court.

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13 Dated: ______________, 2014
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_________________________________________
JUDGE BETH LABSON FREEMAN

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STIPULATION TO CONTINUE CMC; [PROPOSED] ORDER
Case No. CV 13-01860 LHK