San Francisco Bay Area Rapid Transit District v. Travelers Property Casualty Company of America

Northern District of California, cand-4:2015-cv-01313

ORDER GRANTING AS MODIFIED {{43}} STIPULATION to Amend Order Scheduling Trial and Pretrial Matters. Discovery due by 9/8/2016. Expert Witness List due by 10/27/2016. Jury Selection set for 12/7/2016 08:00 AM in Courtroom 5, 2nd Floor, Oakland before Hon. Jeffrey S. White. Jury Trial set for 12/12/2016 08:00 AM in Courtroom 5, 2nd Floor, Oakland before Hon. Jeffrey S. White. Motion Hearing set for 8/12/2016 09:00 AM in Courtroom 5, 2nd Floor, Oakland before Hon. Jeffrey S. White. Pretrial Conference set for 11/21/2016 02:00 PM in Courtroom 5, 2nd Floor, Oakland before Hon. Jeffrey S. White. Signed by Judge JEFFREY S. WHITE on 1/5/16.

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1 PETER O. GLAESSNER, State Bar No. 93830 pglaessner@aghwlaw.com 2 LORI A. SEBRANSKY, State Bar No. 125211 lsebransky@aghwlaw.com 3 ALLEN, GLAESSNER, HAZELWOOD & WERTH, LLP 180 Montgomery Street, Suite 1200 4 San Francisco, CA 94104 Telephone: (415) 697-2000 5 Facsimile: (415) 813-2045 6 Attorneys for Plaintiff and Counterdefendant SAN FRANCISCO BAY AREA RAPID TRANSIT 7 DISTRICT 8 UNITED STATES DISTRICT COURT 9 ALLEN, GLAESSNER, HAZELWOOD & WERTH, LLP NORTHERN DISTRICT OF CALIFORNIA 10 OAKLAND DIVISION 180 Montgomery Street, Suite 1200 San Francisco, California 94104 11 SAN FRANCISCO BAY AREA RAPID Case No. 3:15-cv-01313-JSW 12 TRANSIT DISTRICT, 13 Plaintiffs, STIPULATION AND [PROPOSED] ORDER TO AMEND ORDER SCHEDULING TRIAL 14 v. AND PRETRIAL MATTERS AS MODIFIED 15 TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, a Connecticut 16 Corporation, 17 Defendants. 18 TRAVELERS PROPERTY CASUALTY 19 COMPANY OF AMERICA, a Connecticut Corporation, 20 Counterclaimant and 21 Third-Party Claimant, 22 v. 23 SAN FRANCISCO BAY AREA RAPID 24 TRANSIT DISTRICT; SENTINEL INSURANCE COMPANY LTD., a 25 Connecticut Corporation; and DOES 1-20, inclusive, 26 Counterdefendant 27 and Third-Party Defendants. 28 STIPULATION TO AMEND 1 SCHEDULING ORDER CASE NO.: 3:15-CV-01313-JSW 75546.1 1 RECITALS 2 Plaintiff/counterdefendant San Francisco Bay Area Rapid Transit District (BARTD), 3 defendant/counterclaimant/third-party claimant/counterdefendant Travelers Property Casualty 4 Company of America, and third-party defendant and counterclaimant Sentinel Insurance 5 Company, LTD, jointly submit this Stipulation to request that the Court modify the August 5, 6 2015 Amended Order Scheduling Trial and Pretrial Matters by extending the applicable trial and 7 pretrial deadlines by 90 days. The reasons for this request and stipulation are as follows: 8 1. This coverage dispute arises from a fatal accident that occurred on Saturday, 9 October 19, 2013 on the track between the Walnut Creek and Pleasant Hill BARTD stations. ALLEN, GLAESSNER, HAZELWOOD & WERTH, LLP 10 Christopher Sheppard, Manager of BARTD Track & Grounds, and Laurence Daniels, a contractor 180 Montgomery Street, Suite 1200 San Francisco, California 94104 11 working for Anil Verma Associates, Inc. ("AVA"), an engineering firm that is insured by 12 Travelers were on the track the afternoon of October 19 when they were struck by a train and 13 killed. 14 2. Mr. Daniel's heirs have sued BARTD for wrongful death in a civil suit styled, 15 Amber Daniels, et. al, v. Bay Area Rapid Transit District, Alameda County Superior Court No. 16 RG14725711. Plaintiffs essentially allege that BARTD negligently failed to protect Mr. Daniels 17 while he was working on tracks during rail car movement. 18 3. BARTD filed a cross-complaint against AVA in the Daniels action for declaratory 19 relief, and for implied and express indemnity and contribution. 20 4. BARTD is an additional insured under the Travelers policy under some 21 circumstances. BARTD tendered its defense of the Daniels lawsuit to Travelers under the 22 additional insured endorsement. Travelers denied that tender. BARTD filed this insurance action 23 to determine whether Travelers has an obligation to defend. 24 5. Travelers filed a third-party claim against Sentinel Insurance Company, which 25 insured Mr. Daniels' company (Daniels Engineering). By this third-party claim, Travelers 26 contends that should the Court find that Travelers owes BARTD a defense, that defense should be 27 provided by Sentinel, and not by Travelers. Sentinel denies the claims asserted against it and 28 STIPULATION TO AMEND 2 SCHEDULING ORDER CASE NO.: 3:15-CV-01313-JSW 75546.1 1 filed a counterclaim for declaratory relief. 2 6. The parties have been working cooperatively to resolve this coverage dispute in 3 the most efficient way possible. In September 2015, BARTD and the insurers attended an initial 4 mediation session in the underlying case. Although some progress was made, the wrongful death 5 claims were not resolved. The parties to this insurance action, however, were able to discuss in 6 principle a potential settlement strategy that would encompass the insurers' defense obligations to 7 BARTD, and BARTD's liability claims against AVA (Travelers' insured), thus resolving the 8 claims involved in this action. 9 7. Unfortunately, settlement progress has been delayed by the wrongful death ALLEN, GLAESSNER, HAZELWOOD & WERTH, LLP 10 plaintiffs' efforts to amend their pleadings to assert a survivorship claim (although Mr. Daniels 180 Montgomery Street, Suite 1200 San Francisco, California 94104 11 died instantly), which they contend increases the value of their case by several million dollars. 12 Pleading challenges to that claim are currently pending. It will be difficult to engage in 13 productive settlement negotiations encompassing the wrongful death claims until those pleading 14 challenges are resolved. BARTD also has learned about a peripheral issue involving another 15 agency that could potentially affect BARTD's settlement. BARTD is working to sort that issue 16 out now. 17 8. In addition to participation in mediation in the underlying case, BART and the 18 insurers agreed to mediation and have had several telephone conferences with our appointed 19 mediator, Richard Sipos. Mr. Sipos has been a very good resource. The parties and Mediator 20 agree that it makes most sense to resolve the insurance claims in conjunction with mediation of 21 the underlying wrongful death suit. 22 9. Given these circumstances, including the delay in the underlying case, and the 23 parties' continued desire to work toward a global resolution without incurring unnecessary 24 litigation costs, our mediator Mr. Sipos suggested, and the parties agreed, that the parties ask this 25 Court to modify the August 5, 2015 Amended Order Scheduling Trial and Pretrial Matters by 26 extending all deadlines by 90 days. 27 /// 28 STIPULATION TO AMEND 3 SCHEDULING ORDER CASE NO.: 3:15-CV-01313-JSW 75546.1 1 STIPULATION 2 For these reasons, it is hereby stipulated by and between San Francisco Bay Area Rapid 3 Transit District (BARTD), Travelers Property Casualty Company of America, and Sentinel 4 Insurance Company LTD, through their respective counsel of record, subject to the Court's 5 approval, that the current Amended Order Scheduling Trial and Pretrial Matters be modified to 6 extend all deadlines by 90 days. The modified dates are noted in bold: 7 A. DATES 8 Jury Trial Date: Monday, December 12, 2016 at 8:00 a.m. 9 Jury Selection: Wednesday, December 7, 2016 at 8:00 a.m. ALLEN, GLAESSNER, HAZELWOOD & WERTH, LLP 10 Pre-Trial Conference: Monday, November 21, 2016 at 2:00 p.m. 180 Montgomery Street, Suite 1200 San Francisco, California 94104 11 Last Day to Hear Friday, August 12 Dispositive Motions: Thursday, August 11, 2016 at 9:00 a.m. 12 13 Last day for Expert Discovery: Thursday, October 27, 2016 14 Last day for Expert 15 Disclosure: Monday, October 3, 2016 16 Close of Non-expert Discovery: Thursday, September 8, 2016 17 18 Deadline to Mediate: Thursday, April 28, 2016 19 The parties appreciate the Court's attention and consideration. 20 Respectfully submitted, 21 Dated: January 4, 2016 ALLEN, GLAESSNER, 22 HAZELWOOD & WERTH, LLP 23 24 By: /s/ Lori A. Sebransky PETER O. GLAESSNER 25 LORI A. SEBRANSKY Attorneys for SAN FRANCISCO BAY AREA 26 RAPID TRANSIT DISTRICT 27 /// 28 STIPULATION TO AMEND 4 SCHEDULING ORDER CASE NO.: 3:15-CV-01313-JSW 75546.1 1 Dated: January 4, 2016 CATES PETERSON LLP 2 3 By: /s/ Mark D. Peterson MARK D. PETERSON 4 Attorneys for TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA 5 6 Dated: January 4, 2016 SMITH ELLISON 7 8 By: /s/ Michael W. Ellison 9 ALLEN, GLAESSNER, HAZELWOOD & WERTH, LLP MICHAEL W. ELLISON Attorneys for SENTINEL INSURANCE 10 COMPANY LTD. 180 Montgomery Street, Suite 1200 San Francisco, California 94104 11 ORDER 12 13 The parties' stipulation is adopted and IT IS SO ORDERED. AS MODIFIED. 14 15 January 5, 2016 Dated: _________________ 16 ______________________________ 17 JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE 18 19 20 21 22 23 24 25 26 27 28 STIPULATION TO AMEND 5 SCHEDULING ORDER CASE NO.: 3:15-CV-01313-JSW 75546.1