Opinion
CASE NO. CV 10 5038 RS
11-03-2011
MT. HAWLEY INSURANCE COMPANY, Plaintiff, v. NAVIGATORS SPECIALTY INSURANCE COMPANY, Defendant.
GRECO TRAFICANTE SCHULZ & BRICK By Clyde C. Greco, Jr. Jon S. Brick Attorneys for Plaintiff MT HAWLEY INSURANCE COMPANY GORDON & REES LLP By Michelle R. Bernard Matthew S. Foy Attorneys for Defendant NAVIGATORS SPECIALTY INSURANCE COMPANY
MICHELLE R. BERNARD (SBN: 144582)
MATTHEW S. FOY (SBN: 187238)
GORDON & REES LLP
Attorneys for Defendant
NAVIGATORS SPECIALTY INSURANCE COMPANY
JOINT STIPULATION FOR CONTINUANCE OF CASE
MANAGEMENT SCHEDULING ORDER DATES; [PROPOSED] ORDER
Judge: Hon. Richard Seeborg
The parties hereto, Plaintiff Mt. Hawley Insurance Company ("Mt. Hawley") and Defendant Navigators Specialty Insurance Company ("Navigators"), by and through their respective counsel of record, hereby stipulate to modification of the current Case Management Scheduling Order as follows:
1. WHEREAS, on May 12, 2011 the Court issued a Case Management Scheduling Order which provides:
a. On or before November 30, 2011, all non-expert discovery related to the duty to defend question shall be completed;
b. A Further Case Management Conference shall be held on October 20, 2011;
c. All pretrial motions must be filed and served pursuant to Civil Local Rule 7 and heard no later than January 26, 2012;
2. WHEREAS, on September 22, 2011 the Court heard Mt. Hawley's Motion for Partial Summary Judgment and took the motion under submission (Dkt. No. 24);
3. WHEREAS, on October 14, 2011 the Court continued the Further Case Management Conference from October 20, 2011 to December 15, 2011 at 10:00 a.m. (Clerk's Notice, Dkt. No. 27);
4. WHEREAS, the case schedule had been previously modified as follows:
a. Navigators was permitted two (2) additional weeks to respond to Mt. Hawley's Complaint;
b. The briefing schedule on Mt. Hawley's Motion for Partial Summary Judgment was extended such that Navigator's Opposition due date was continued from August 17, 2011 to August 31, 2011, Mt. Hawley's Reply due date was continued from August 24, 2011 to September 7, 2011, and the hearing date was continued from September 8, 2011 to September 22, 2011;
5. WHEREAS, the parties agree that modification of the current Case Management Scheduling Order will preserve the status quo pending the Court's determination of Mt. Hawley's Motion for Partial Summary Judgment, serving the interests of judicial economy and efficient litigation;
6. WHEREAS, Mt. Hawley and Navigators therefore stipulate and agree to modify the current Case Management Scheduling Order as follows:
a. Continue the non-expert discovery completion date to February 29, 2011;IT IS SO STIPULATED.
b. Continue the final hearing date for pretrial motions to April 12, 2011.
GRECO TRAFICANTE SCHULZ & BRICK
By Clyde C. Greco, Jr.
Jon S. Brick
Attorneys for Plaintiff
MT HAWLEY INSURANCE COMPANY
GORDON & REES LLP
By Michelle R. Bernard
Matthew S. Foy
Attorneys for Defendant
NAVIGATORS SPECIALTY INSURANCE
COMPANY
PURSUANT TO STIPULATION, IT IS SO ORDERED.
The Case Management Scheduling Order is modified to provide for the following schedule:
a. On or before February 29, 2011, all non-expert discovery related to the duty to defend question shall be completed;
b. All pretrial motions must be filed and served pursuant to Civil Local Rule 7 and heard no later than April 12, 2012.
Richard Seeborg
Judge of the United States District Court