Opinion
Douglas B. Allen , Laura L. Goodman, Clinton Stevens Coddington, Willoughby Stuart and Bening Inc. San Jose, CA, Bruce H. Winkelman, Craig and Winkelman, Berkeley, CA.
ORDER
JEREMY FOGEL, District Judge.
Plaintiff RLI Insurance Company ("RLI") has filed a motion for partial summary judgment on the issue of whether RLI's rescission of certain insurance policies issued to Defendant Castle Rock Industries, Inc. d.b.a. Sequoia Construction Company ("Sequoia") applies to Defendant Lewis C. Nelson & Sons, Inc. ("LCN") as an additional insured under the Sequoia policies. In support of its opposition to RLI's motion, LCN has filed two declarations. As part of its reply, RLI has objected to the declarations as irrelevant. RLI's Motion to Strike, pg. 3. RLI asserts that its motion for partial summary judgment is based purely on a question of law, that is, whether its rescission of the Sequoia policies is effective as to additional insureds. In response to RLI's evidentiary objections, LCN has filed a motion before Magistrate Judge Seeborg seeking discovery in this matter pursuant to Federal Rule of Civil Procedure 56(f) ("Rule 56(f)"). LCN requests that its Rule 56(f) motion be heard before or in conjunction with the hearing for RLI's motion for partial summary judgment. That hearing is scheduled for June 29, 2007.
Good cause therefore appearing, the Court hereby advises the parties that it will consider LCN's Rule 56(f) motion in conjunction with RLI's motion for summary judgment at the June 29, 2007 hearing.
IT IS SO ORDERED.
This Order has been served upon the following persons: