Scottsdale Insurance Company v. Hudson Specialty Insurance Company

Northern District of California, cand-4:2015-cv-02896

ORDER by Judge Haywood S. Gilliam, Jr. Granting {{35}} Stipulation To Continue Early Neutral Evaluation Deadline and Excusing Personal Attendance.

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1 STEPHEN M. HAYES (SBN 83583) shayes@hayesscott.com 2 STEPHEN P. ELLINGSON (SBN 136505) sellingson@hayesscott.com 3 JONATHAN K. MYERS (SBN 306756) jmyers@hayesscott.com 4 HAYES SCOTT BONINO ELLINGSON & McLAY, LLP 203 Redwood Shores Parkway, Suite 480 5 Redwood City, California 94065 Telephone: 650.637.9100 6 Facsimile: 650.637.8071 7 Attorneys for Defendant HUDSON SPECIALTY INSURANCE CO. 8 JAMES R. TENERO (SBN 201023) 9 jtenero@selmanlaw.com CHRISTOPHER C. RANCK (SBN 283873) 10 cranck@selmanlaw.com 11 SELMAN BREITMAN LLP 33 New Montgomery, Sixth Floor 12 San Francisco, California 94105-4537 Telephone: 415.979.0400 13 Facsimile: 415.979.2099 14 Attorneys for Plaintiff 15 Scottsdale Insurance Company 16 UNITED STATES DISTRICT COURT 17 NORTHERN DISTRICT OF CALIFORNIA 18 SAN FRANCISCO DIVISION 19 SCOTTSDALE INSURANCE COMPANY, a CASE NO. 3:15-cv-02896-HSG 20 corporation STIPULATION AND ORDER TO 21 Plaintiff, CONTINUE EARLY NEUTRAL EVALUATION DEADLINE AND 22 v. EXCUSING PERSONAL ATTENDANCE 23 HUDSON SPECIALTY INSURANCE COMPANY, a corporation 24 Defendant. 25 26 27 28 712161 STIPULATION & [PROPOSED] ORDER TO CONTINUE ENE DEADLINE AND EXCUSING PERSONAL ATTENDANCE - CASE NO. 3:15-cv-02896-HSG 1 TO THE COURT AND ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 2 Having met and conferred with respect to the matters set forth herein, plaintiff Scottsdale 3 Insurance Company ("Scottsdale") and defendant Hudson Specialty Insurance Company 4 ("Hudson"), referred to collectively as the "Parties," by and through their respective counsel, hereby 5 stipulate and agree as follows: I. 6 RECITALS 7 1. WHEREAS, pursuant to stipulation, this Court ordered the Parties to participate in an 8 Early Neutral Evaluation session ("ENE"). Pursuant to the presumptive deadline as specified in the 9 local rules of the Northern District, the Court ordered the ENE to occur within ninety day of its 10 order, on or before September 26, 2016. 11 2. WHEREAS, the Parties have not sought any prior extensions of this presumptive 12 deadline. 13 3. WHEREAS, the Parties believe that any ENE would be more productive and more 14 likely to settle the case if written discovery and documents are exchanged prior to the ENE. 15 4. WHEREAS, the Parties wish to exchange written discovery and obtain documents 16 before the ENE. 17 5. WHEREAS, the Parties have recently propounded initial written discovery and 18 document requests. 19 6. WHEREAS, the Parties have agreed to hold the ENE in the above-referenced matter 20 on October 12, 2016 at 10:30 a.m. at the offices of Selman Breitman LLP at 33 New Montgomery 21 Street, Sixth Floor, San Francisco, California. 22 7. WHEREAS, it would be inconvenient and costly for Scottsdale to personally attend 23 the ENE, as the person responsible for handling this lawsuit is located in Scottsdale, Arizona. 24 8. WHEREAS, it would be inconvenient and costly for Hudson to personally attend the 25 ENE, as the person responsible for handling this lawsuit is located in New York, New York, and the 26 closest representative of Hudson able to attend the ENE is located in New York, New York. 27 9. WHEREAS, a Scottsdale representative may attend the ENE by telephone. 28 712161 -1- STIPULATION & [PROPOSED] ORDER TO CONTINUE ENE DEADLINE AND EXCUSING PERSONAL ATTENDANCE - CASE NO. 3:15-cv-02896-HSG 1 10. WHEREAS, a Hudson representative may attend the ENE by telephone. 2 11. WHEREAS, the parties hereby agree and stipulate that Scottsdale and Hudson's 3 representatives do not need to personally attend the ENE, but that they will attend by telephone for 4 the duration of the ENE. 5 II. STIPULATION 6 7 Scottsdale and Hudson hereby stipulate and agree as follows: 8 1. The Parties agree to continue the ENE presumptive deadline to allow the ENE to be 9 held on October 12, 2016. 10 2. The Parties will hold the ENE in the above-referenced matter on October 12, 2016, at 11 10:30 a.m. at the offices of Selman Breitman LLP at 33 New Montgomery Street, Sixth Floor, San 12 Francisco, California. 13 3. Scottsdale's representative may attend the ENE by telephone. 14 4. Hudson's representative may attend the ENE by telephone. 15 Dated: August 11, 2016 SELMAN BREITMAN LLP 16 17 By /s/ James R. Tenero JAMES R. TENERO 18 CHRISTOPHER C. RANCK Attorneys for Plaintiff 19 SCOTTSDALE INSURANCE COMPANY 20 Filer's Attestation: Pursuant to Civil Local Rule 21 5-1(i)(3), Stephen P. Ellingson hereby attests that concurrence in the filing of this document has 22 been obtained from each of the other signatories. 23 Dated: August 11, 2016 HAYES SCOTT BONINO ELLINGSON & McLAY, LLP 24 By /s/ Stephen P. Ellingson 25 STEPHEN M. HAYES STEPHEN P. ELLINGSON 26 JONATHAN K. MYERS Attorneys for Defendant 27 HUDSON SPECIALTY INSURANCE COMPANY 28 712161 -2- STIPULATION & [PROPOSED] ORDER TO CONTINUE ENE DEADLINE AND EXCUSING PERSONAL ATTENDANCE - CASE NO. 3:15-cv-02896-HSG 1 ORDER 2 Pursuant to the parties' stipulation, the Court hereby orders as follows: 3 1. The ENE presumptive deadline is continued to allow the ENE to be held on October 4 12, 2016. 5 2. The Parties will hold the ENE in the above-referenced matter on October 12, 2016 at 6 10:30 a.m. at the offices of Selman Breitman LLP at 33 New Montgomery Street, Sixth Floor, San 7 Francisco, California. 8 3. Scottsdale's representative may attend the ENE by telephone. 9 4. Hudson's representative may attend the ENE by telephone. 10 11 IT IS SO ORDERED. 12 13 Dated: August 15, 2016 14 15 By HONORABLE HAYWOOD S. GILLIAM, JR. 16 UNITED STATES DISTRICT JUDGE NORTHERN DISTRICT OF CALIFORNIA 17 18 19 20 21 22 23 24 25 26 27 28 712161 -3- STIPULATION & [PROPOSED] ORDER TO CONTINUE ENE DEADLINE AND EXCUSING PERSONAL ATTENDANCE - CASE NO. 3:15-cv-02896-HSG