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 {{42}} Stipulation Revising the Court's Amended Scheduling Order re 4 {{40}} Order. Close of Fact Discovery due by 12/2/2016.

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1 JAMES R. TENERO (SBN 201023) CHRISTOPHER C. RANCK (SBN 283873) 2 SELMAN BREITMAN LLP 33 New Montgomery, Sixth Floor 3 San Francisco, CA 94105-4537 Telephone: 415.979.0400 4 Facsimile: 415.979.2099 Emails: jtenero@selmanlaw.com 5: cranck@selmanlaw.com 6 Attorneys for Plaintiff Scottsdale Insurance Company 7 STEPHEN P. ELLINGSON (SBN 201023) 8 JONATHAN K. MYERS (SBN 306756) HAYES SCOTT BONINO ELLINGSON & MCLAY 9 203 Redwood Shores Parkway, Suite 480 Redwood Shores, CA 94065 10 Telephone: 650.637.9100 Facsimile: 650.637.8071 LLP 11 Emails: sellingson@hayesscott.com: jmyers@hayesscott.com 12 Selman Breitman ATTORNEYS AT LAW Attorneys for Defendant 13 Hudson Specialty Insurance Company 14 UNITED STATES DISTRICT COURT 15 NORTHERN DISTRICT – SAN FRANCISCO DIVISION 16 17 SCOTTSDALE INSURANCE COMPANY, a Case No. 3:15-cv-02896-HSG 18 corporation, STIPULATION AND ORDER REVISING 19 Plaintiff, THE COURT'S AMENDED SCHEDULING ORDER 20 v. 21 HUDSON SPECIALTY INSURANCE COMPANY, a corporation, 22 Defendant. 23 24 Plaintiff Scottsdale Insurance Company ("Scottsdale") and Defendant Hudson Specialty 25 Insurance Company ("Hudson"), referred to collectively as the "Parties", by and through their 26 respective counsel, hereby stipulate to revise the Court's September 28, 2016 Amended 27 Scheduling Order (Dkt. 40) as follows: 28 1 Stipulation and [Proposed] Order To Revise Amended Scheduling Order – CASE NO. 3:15-CV-02896-HSG 352660.1 380.37997 1 I. RECITALS 2 1. WHEREAS, the Parties previously agreed to hold an Early Neutral Evaluation 3 session (the "ENE") on October 12, 2016, at 10:30 a.m., with the Evaluator appointed by the 4 Court. 5 2. WHEREAS, the Parties requested that the Court enlarge the operative Scheduling 6 Order (Dkt. 37) because, among other reasons, the initial fact discovery cutoff set by the 7 Scheduling Order was October 5, 2016, prior to the date of the ENE. 8 3. WHEREAS, on September 28, 2016, the Court issued an Amended Scheduling 9 Order (Dkt. 40), setting deadlines for fact discovery, expert discovery, and dispositive motions. 10 The Amended Scheduling Order set November 3, 2016 as the fact discovery cutoff. LLP 11 4. WHEREAS, on September 29, 2016, the Court served a Notice (Dkt. 41) 12 withdrawing the appointment of the assigned Evaluator for medical issues and taking the ENE Selman Breitman ATTORNEYS AT LAW 13 set for October 12, 2016 off calendar. The Notice advised that the ADR Unit would appoint 14 another Evaluator shortly. 15 5. WHEREAS, the Parties agreed to submit a stipulated list of alternative ENE 16 Evaluators to the ADR Case Administrator, and did submit such list on October 4, 2016. 17 6. WHEREAS, the ADR Unit has not, to date, appointed another ENE Evaluator. 18 7. WHEREAS, the Parties still wish for the ENE to be held prior to the fact 19 discovery cutoff, currently set for November 3, 2016. 20 8. WHEREAS, the parties have exchanged and responded to written discovery and 21 document requests to obtain necessary evidence, but wish additional time to meet and confer 22 regarding discovery issues and an opportunity to propound additional written discovery, obtain 23 additional documents, and/or conduct depositions following the ENE and prior to filing 24 dispositive motions. The Parties recognize that the Court's determination of the Parties' 25 dispositive motions could terminate this case. 26 9. WHEREAS, the deposition of third party Alliant Specialty Insurance Services, 27 Inc. ("Alliant") has been noticed. Alliant is the broker through which the Parties' mutual named 28 insured obtained insurance coverage from the Parties. The Parties are meeting and conferring 2 Stipulation and [Proposed] Order To Revise Amended Scheduling Order – CASE NO. 3:15-CV-02896-HSG 352660.1 380.37997 1 with Alliant and its counsel to schedule a mutually available date on which to conduct the 2 deposition. Additional time to conduct fact discovery would alleviate the currently encountered 3 difficulties of scheduling a date agreeable to all counsel and Alliant's witness(es). 4 10. WHEREAS, the Parties have mutually agreed that no experts need be retained in 5 this matter, as the dispute between the Parties is a question of law. 6 11. WHEREAS, no trial date has been set in this matter. 7 12. WHEREAS, the Parties do not seek any extension of dates currently set by the 8 Amended Scheduling Order except for the fact discovery cutoff. 9 13. WHEREAS, the parties have been working diligently toward moving this case 10 forward in an efficient, expeditious manner. The Parties wish to litigate this matter in a cost- LLP 11 effective manner and avoid unnecessary attorneys' fees and costs. 12 14. WHEREAS, the Parties have agreed to submit this Stipulation and [Proposed] Selman Breitman ATTORNEYS AT LAW 13 Order to Revise the Court's Amended Scheduling Order. 14 15. Accordingly, the Parties hereby stipulate to revising the Court's September 28, 15 2016 Amended Scheduling Order as follows. 16 /// 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 3 Stipulation and [Proposed] Order To Revise Amended Scheduling Order – CASE NO. 3:15-CV-02896-HSG 352660.1 380.37997 1 II. STIPULATION 2 The parties hereby stipulate to the following revisions to the Court's Amended 3 Scheduling Order: 4 Scheduled Event Date 5 Fact Discovery Cutoff December 2, 2016 6 (currently November 3, 2016) 7 Exchange Initial Expert Reports November 17, 2016 8 (NO CHANGE) 9 10 Exchange Rebuttal Expert Reports November 30, 2016 LLP 11 (NO CHANGE) 12 Expert Discovery Cutoff December 14, 2016 Selman Breitman ATTORNEYS AT LAW 13 (NO CHANGE) 14 Deadline to Hear Dispositive Motions January 26, 2017 at 2:00 p.m. 15 (NO CHANGE) 16 DATED: October 26, 2016 SELMAN BREITMAN LLP 17 18 19 By: /s/Christopher C. Ranck CHRISTOPHER C. RANCK 20 JAMES R. TENERO Attorneys For Plaintiff 21 Scottsdale Insurance Company 22 DATED: October 26, 2016 HAYES SCOTT BONINO ELLINGSON & MCKAY 23 24 25 By: /s/Stephen P. Ellingson STEPHEN P. ELLINGSON 26 JONATHAN K MYERS Attorneys For Defendant 27 Hudson Specialty Insurance Company 28 4 Stipulation and [Proposed] Order To Revise Amended Scheduling Order – CASE NO. 3:15-CV-02896-HSG 352660.1 380.37997 1 [PROPOSED ORDER] 2 Pursuant to the parties' stipulation, the deadlines set by the Court's Amended Scheduling 3 Order are continued as follows: 4 Scheduled Event Date 5 Fact Discovery Cutoff December 2, 2016 6 7 Exchange Initial Expert Reports November 17, 2016 8 (NO CHANGE) 9 10 Exchange Rebuttal Expert Reports November 30, 2016 LLP 11 (NO CHANGE) 12 Expert Discovery Cutoff December 14, 2016 Selman Breitman ATTORNEYS AT LAW 13 (NO CHANGE) 14 Deadline to Hear Dispositive Motions January 26, 2017 at 2:00 p.m. 15 (NO CHANGE) 16 IT IS SO ORDERED. 17 18 19 Dated: October 27, 2016 20 By HONORABLE HAYWOOD S. GILLIAM, JR. 21 UNITED STATES DISTRICT JUDGE NORTHERN DISTRICT OF CALIFORNIA 22 23 24 25 26 27 28 5 Stipulation and [Proposed] Order To Revise Amended Scheduling Order – CASE NO. 3:15-CV-02896-HSG 352660.1 380.37997