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

Filing 60

ORDER APPROVING 59 FURTHER STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES. Case Management Statement due by 2/12/2015. Case Management Conference set for 2/19/2015 01:30 PM in Courtroom 3, 5th Floor, San Jose. Signed by Judge Beth Labson Freeman on 12/17/2014. (blflc1, COURT STAFF) (Filed on 12/17/2014)

1 EDWARD P. GARSON (SBN 96786)
DANIEL J. MARSH (SBN 284948)

2 WILSON, ELSER, MOSKOWITZ,
EDELMAN & DICKER LLP

3 525 Market Street, 17th Floor

San Francisco, CA 94105
[phone]
Facsimile:
[phone]

4 Telephone:
5

Attorneys for Plaintiff,

6 EVANSTON INSURANCE COMPANY, INC.
7
UNITED STATES DISTRICT COURT

8

NORTHERN DISTRICT OF CALIFORNIA

9

SAN JOSE DIVISION

10

11 EVANSTON INSURANCE COMPANY,
12

Plaintiff,

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Case No.: CV 13-01860 BLF

INC., an Illinois corporation,

v.

FURTHER STIPULATION TO CONTINUE
CASE MANAGEMENT CONFERENCE
AND RELATED DEADLINES;
[PROPOSED] ORDER

GIUFFRIDA GARDENS HOMEOWNERS

15 ASSOCIATION, INC., a California non-profit
mutual benefit corporation, and FIVE STAR

16 WINDOWS, a California sole proprietorship,
17

Defendants.

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

21 Declaratory Relief against Giuffrida Gardens Homeowners Association, Inc. and Five Star
22 Windows on April 23, 2013;
23

WHEREAS, defendant Five Star Windows answered the Complaint on June 14, 2013;

24

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

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

27 Freeman for all further proceedings;
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1307407v.1

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

1

WHEREAS, a Further Stipulation to Continue Case Management Conference to December

2 18, 2014 was filed on November 6, 2014.
3

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

4 December 18, 2014;
5

WHEREAS, the parties have reached a settlement of this case which has been reduced to a

6 formal, multi-party settlement agreement and release; and
7

WHEREAS, the parties are anticipating the filing of a dismissal of this suit;

8

WHEREAS, counsel for Evanston, Giuffrida Gardens Homeowners Association, Inc., and

9 Five Star Windows agree to, and hereby request, a further postponement of the case management
10 conference;
11 THE PARTIES HEREBY STIPULATE AND AGREE, AND REQUEST THAT THE COURT
12 ORDER, THAT:
13

1.

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

14 12, 2015; and
15

2.

The Case Management Conference is continued to a date on or after February 19,

16 2015, at 1:30 p.m. in Courtroom 3 of the above-captioned Court.
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18
19 Date: December 17, 2014

WILSON, ELSER, MOSKOWITZ, EDELMAN
& DICKER LLP

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21
By:

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23
24

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

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

1

Date: December 17, 2014

WILLOUGHBY, STUART & BENNING

2
3

By:

4

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

5 Date: December 17, 2014

MEREDITH, WEINSTEIN & NUMBERS, LLP

6
7
By:

8
9
10

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

11
[PROPOSED] ORDER

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16

Pursuant to Stipulation, IT IS SO ORDERED.
The last date to file a Joint Case Management Statement is continued to February 12, 2015.
The case management conference is continued to February 19, 2015, at 1:30 p.m. in Courtroom 3
of the above-captioned Court.

17
18 Dated: ______________, 2014
19

_________________________________________
JUDGE BETH LABSON FREEMAN

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