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 {{54}} Stipulation Revising the Court's Amended Scheduling Order. Motion Hearing set for 2/23/2017 02:00 PM before Hon. Haywood S. Gilliam Jr.

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1 JAMES R. TENERO (SBN 201023) WENDY M. SCHENK (SBN 177397) 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: wschenk@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 October 27, 2016 Amended Scheduling 27 Order (Dkt. 43) as follows: 28 1 Stipulation and [Proposed] Order To Revise Amended Scheduling Order – CASE NO. 3:15-CV-02896-HSG 355615.1 380.37997 1 I. RECITALS 2 1. WHEREAS, the Parties have recently completed discovery in the above- 3 captioned matter. 4 2. WHEREAS, the Parties are scheduled to attend an Early Neutral Evaluation 5 session ("ENE") with the Court appointed neutral evaluator, Rachel Ehrlich, Esq., on December 6 12, 2016. 7 3. WHEREAS, no trial date has been set in this matter. 8 4. WHEREAS, on October 27, 2016, the Court issued an Amended Scheduling 9 Order (Dkt. 43), setting deadlines for fact discovery, expert discovery, and dispositive motions. 10 The Amended Scheduling Order set January 26, 2017 as the deadline to hear dispositive motions. LLP 11 5. WHEREAS, the Parties do not seek any extension of dates currently set by the 12 Amended Scheduling Order relating to the discovery cutoff. Selman Breitman ATTORNEYS AT LAW 13 6. WHEREAS, the current deadline to hear dispositive motions is January 26, 2017. 14 In conjunction with the aforementioned deadline, the Parties' deadline to file dispositive motions 15 is December 22, 2016. The current deadline to file oppositions to the aforementioned dispositive 16 motions is January 5, 2017 and the deadline to file reply briefs is January 12, 2017. 17 7. WHEREAS, the Parties hereby seek an extension of the deadline to hear 18 dispositive motions. The Parties hereby stipulate to and request entry of an Order extending the 19 deadline to hear dispositive motions to February 23, 2017. Good cause exists for an extension of 20 the current deadline of January 26, 2017 to file dispositive motions, as such an extension will 21 allow the Parties additional time following the December 12, 2016 ENE (if the matter does not 22 resolve at the ENE session) to undertake additional discussions regarding a potential resolution 23 of this matter prior to filing cross-motions. The Parties have been working diligently toward 24 moving this case forward in an efficient, expeditious manner. The Parties wish to litigate this 25 matter in a cost-effective manner and avoid unnecessary attorneys' fees and costs. 26 8. WHEREAS, James R. Tenero, lead counsel for Plaintiff, Scottsdale Insurance 27 Company, will be unavailable due to a pre-paid vacation to Brazil from December 23, 2016 to 28 January 8, 2017. 2 Stipulation and [Proposed] Order To Revise Amended Scheduling Order – CASE NO. 3:15-CV-02896-HSG 355615.1 380.37997 1 9. WHEREAS, Stephen P. Ellingson, lead counsel for Defendant Hudson Specialty 2 Insurance Company, will be unavailable due to a pre-paid vacation from December 23, 2016 to 3 January 8, 2017. 4 10. WHEREAS, the Parties have agreed to submit this Stipulation and [Proposed] 5 Order to Revise the Court's Amended Scheduling Order. 6 11. Accordingly, the Parties hereby stipulate to revising the Court's October 27, 2016 7 Amended Scheduling Order as follows. 8 II. STIPULATION 9 The parties hereby stipulate to the following revisions to the Court's Amended 10 Scheduling Order: LLP 11 Scheduled Event Date 12 Selman Breitman ATTORNEYS AT LAW Fact Discovery Cutoff December 2, 2016 13 (NO CHANGE) 14 Exchange Initial Expert Reports November 17, 2016 15 (NO CHANGE) 16 17 Exchange Rebuttal Expert Reports November 30, 2016 18 (NO CHANGE) 19 Expert Discovery Cutoff December 14, 2016 20 (NO CHANGE) 21 Deadline to Hear Dispositive Motions February 23, 2017 at 2:00 p.m. 22 (Currently January 26, 2017) 23 DATED: December 9, 2016 SELMAN BREITMAN LLP 24 25 26 By:/s/Wendy M. Schenk JAMES R. TENERO 27 WENDY M. SCHENK Attorneys For Plaintiff 28 Scottsdale Insurance Company 3 Stipulation and [Proposed] Order To Revise Amended Scheduling Order – CASE NO. 3:15-CV-02896-HSG 355615.1 380.37997 1 DATED: December 9, 2016 HAYES SCOTT BONINO ELLINGSON & 2 MCKAY 3 4 By:/s/Jonathan K. Myers 5 STEPHEN P. ELLINGSON JONATHAN K. MYERS 6 Attorneys For Defendant Hudson Specialty Insurance Company 7 8 ORDER 9 Pursuant to the parties' stipulation, the deadlines set by the Court's Amended Scheduling 10 Order are continued as follows: LLP 11 Scheduled Event Date 12 Selman Breitman ATTORNEYS AT LAW 13 Fact Discovery Cutoff December 2, 2016 14 (NO CHANGE) 15 Exchange Initial Expert Reports November 17, 2016 16 (NO CHANGE) 17 Exchange Rebuttal Expert Reports November 30, 2016 18 (NO CHANGE) 19 Expert Discovery Cutoff December 14, 2016 20 (NO CHANGE) 21 Deadline to Hear Dispositive Motions February 23, 2017 at 2:00 p.m. 22 (Currently January 26, 2017) 23 24 IT IS SO ORDERED. 25 Dated: December 9, 2016 26 By 27 HONORABLE HAYWOOD S. GILLIAM, JR. UNITED STATES DISTRICT JUDGE 28 NORTHERN DISTRICT OF CALIFORNIA 4 Stipulation and [Proposed] Order To Revise Amended Scheduling Order – CASE NO. 3:15-CV-02896-HSG 355615.1 380.37997