Opinion
Case No. CV 11 3571 1b
10-11-2011
MATSON NAVIGATION COMPANY, INC., Petitioner, v. ST. PAUL FIRE & MARINE INSURANCE COMPANY, Respondent.
LAW OFFICE OF RICHARD D. SHIVELY Richard D. Shively Attorneys for Petitioner MATSON NAVIGATION COMPANY, INC. CHRISTENSEN LAW GROUP Kevin M.(Casey) Christensen Attorneys for Respondent ST. PAUL FIRE & MARINE INSURANCE COMPANY
Kevin M.(Casey) Christensen (Bar No. 168119)
CHRISTENSEN LAW GROUP
Attorneys for Respondent
ST. PAUL FIRE AND MARINE INSURANCE
COMPANY
STIPULATION CONTINUING HEARING
DATE AND BRIEFING SCHEDULE FOR
PETITION FOR APPOINTMENT OF
ARBITRATOR [CIVIL LOCAL RULE 6
2(a)]
The parties, through undersigned counsel, stipulate as follows:
1. The dispute that is the subject of this lawsuit is subject to binding arbitration pursuant to prior agreement of the parties. On August 19, 2011, the parties stipulated to extend St. Paul's time to respond to Matson's Petition for Appointment of Arbitrator (the "Petition"), to and including September 16, 2011.
2. On September 15, 2011, the parties reached preliminary agreement on an umpire, Hon. Charles Legge (Ret.). The parties have or shortly will confirm with Judge Legge that he is willing to serve in that capacity. Assuming he is, his appointment would render the Petition moot.
3. In order to confirm Judge Legge's appointment, to minimize inconvenience to the Court, and to avoid unnecessary expense by the parties, the parties agree that the hearing on the Petition, and all corresponding briefing not yet filed by the parties, should be continued to the first available date on the Court's calendar after November 15, 2011. If, as is expected, the parties are able to confirm Judge Legge's appointment in the interim, the Petition will be dismissed by stipulation. If not, the parties will brief and present the Petition to the Court for hearing according to the new hearing date.
4. By virtue of the foregoing, the parties respectfully submit that good cause exists, and respectfully request the Court, to continue the hearing on the Petition and all corresponding briefing deadlines to a date not earlier than November 15, 2011.
IT IS SO STIPULATED.
LAW OFFICE OF RICHARD D. SHIVELY
Richard D. Shively
Attorneys for Petitioner
MATSON NAVIGATION COMPANY, INC.
CHRISTENSEN LAW GROUP
Kevin M.(Casey) Christensen
Attorneys for Respondent
ST. PAUL FIRE & MARINE INSURANCE
COMPANY
[PROPOSED] ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.
Hon. Laurel Beeler
United States Magistrate Judge
Northern District of California