Opinion
Case No. CV 11 3669 EMC
11-11-2011
CHARTIS SPECIALTY INSURANCE COMPANY (f/k/a American International Specialty Lines Insurance Company), Plaintiff, v. AQUA SCIENCES ENGINEERS, INC., Defendant.
Julie S. Selesnick (admitted pro hac vice) Jean C. Kissane (admitted pro hac vice) Jackson & Campbell, P.C. James P. Wagoner, #058553 McCormick, Barstow, Sheppard, Wayte & Carruth LLP Attorneys for Plaintiff CHARTIS SPECIALTY INSURANCE COMPANY (f/k/a American International Specialty Lines Insurance Company) Kevin D. Smith, #113633 Patrick S. Schoenburg, #162842 Wood, Smith, Henning & Berman LLP Attorneys for Defendant AQUA SCIENCES ENGINEERS, INC.
Julie S. Selesnick (admitted pro hac vice)
Jean C. Kissane (admitted pro hac vice)
Jackson & Campbell, P.C.
James P. Wagoner, #058553
McCormick, Barstow, Sheppard,
Wayte & Carruth LLP
Attorneys for Plaintiff
CHARTIS SPECIALTY INSURANCE COMPANY
(f/k/a American International Specialty Lines
Insurance Company)
Kevin D. Smith, #113633
Patrick S. Schoenburg, #162842
Wood, Smith, Henning & Berman LLP
Attorneys for Defendant
AQUA SCIENCES ENGINEERS, INC.
STIPULATION TO RESCHEDULE CASE
MANAGEMENT CONFERENCE ; ORDER
COMES NOW Plaintiff Chartis Specialty Insurance Company (f/k/a American International Specialty Lines Insurance Company) ("Chartis") and Defendant Aqua Science Engineers, Inc. ("Aqua"), (collectively the "Parties"), by and through their respective attorneys, request that the case management conference scheduled for December 23, 2011 be rescheduled to a time in January 2012.
1. The October 7, 2011 Case Management Conference Order in Reassigned Cases ordered that, pursuant to Federal Rule of Civil Procedure 16 and Civil Local Rule 6-10, the case management conference will be held before the Honorable Edward M. Chen on December 23, 2011 at 9:00 a.m., in Courtroom 5, 17th Floor, 450 Golden Gate Avenue, San Francisco, California.
2. The Case Management Conference Order in Reassigned Cases requires that any request to reschedule the case management date must be made in writing by stipulation not less than ten (10) days before the conference date.
3. The Parties request that the case management conference be rescheduled because Friday, December 23, 2011 is two (days) before Christmas.
4. Plaintiffs Counsel, located at 1120 Twentieth Street, NW, Washington, DC 20036, would need to fly to San Francisco on Thursday, December 22, 2011, and would most likely have to fly home late Friday, December 23, 2011 or early Saturday, December 24, 2011.
5. The Parties stipulate that traveling cross country at this time of the year imposes hardship on Plaintiff's Counsel. The Parties, therefore, request that the case management date be moved to January 2012.
MCCORMICK, BARSTOW, SHEPPARD,
WAYTE & CARRUTH LLP
James P. Wagoner
Attorney for Plaintiff
CHARTIS SPECIALTY INSURANCE
COMPANY (f/k/a American International
Specialty Lines Insurance Company)
WOOD, SMITH, HENNING & BERMAN
LLP
Kevin D. Smith
Patrick S. Schoenburg
Attorneys for Defendant
AQUA SCIENCES ENGINEERS, INC.
IT IS SO ORDERED that the CMC is reset from 12/23/11 to 2/3/12 at 9:00 a.m. A joint CMC Statement shall be filed by 1/27/12.
Edward M. Chen
U.S. District Judge
PROOF OF SERVICE
I am a resident of the State of California, over the age of eighteen years, and not a party to the within action. My business address is McCormick, Barstow, Sheppard, Wayte & Carruth LLP, 5 River Park Place East, Fresno, California 93720-1501. On October 4, 2011,1 reserved the within documents that had originally been served on November 11, 2011 to the same recipients that are listed below:
STIPULATION TO RESCHEDULE CASE MANAGEMENT
CONFERENCE
[ ] BY FAX: by transmitting via facsimile the document(s) listed above to the fax number(s) set forth below on this date before 5:00 p.m.
[ ] BY PERSONAL DELIVERY: by personally delivering the document(s) listed above to the person(s) at the address(es) set forth below.
[×] BY MAIL: by placing the document(s) listed above in a sealed envelope with postage thereon fully prepaid, in the United States mail at Fresno, California addressed as set forth below.
[ ] BY OVERNIGHT MAIL: by causing document(s) to be picked up by an overnight delivery service company for delivery to the addressee(s) on the next business day.
[×] BY ELECTRONIC SUBMISSION: by e-mailing the documents to the recipients below.
Julie S. Selesnick
Jean C. Kissane
Jackson & Campbell, P.C.
1120 20th Street, N.W.
Suite 300 South
Washington, D.C. 20036
Kevin D. Smith
Patrick S. Schoenburg
200d, Sith Henning & Berman LLP
7580 North Ingram Avenue, Suite 108
Fresno, CA 93711
I am readily familiar with the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit.
I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made.
Executed on November 11, 2011, at Fresno, California.
Lori Sinclair