STIPULATION TO CONTINUE (1) CASE MANAGEMENT CONFERENCE AND (2) HEARING ON DEFENDANT CONTINENTAL'S MOTION TO DISMISS AND [PROPOSED] ORDER THEREON Judge: Hon. Edward M. Chen Complaint Filed: May 17, 2007 Trial Date: None set
IT IS HEREBY STIPULATED AND AGREED AS FOLLOWS:
On February 27, 2008, plaintiff Homestake Lead Company of Missouri ("Homestake"), defendant National Union Fire Insurance Company of Pittsburgh, PA ("National Union"), and defendant The Continental Insurance Company ("Continental") participated in a mediation. The parties reached a tentative settlement, have exchanged draft settlement agreements, and are continuing to negotiate the details of the settlement. The parties expect to finalize the settlement agreement by September 5, 2008 and to file a dismissal of this action by September 8, 2008.
THEREFORE, the parties respectfully request the following hearing dates be continued as follows, with the expectation the hearings will be taken off calendar once the dismissal is filed:
1. Case Management Conference from August 6, 2008 to September 10, 2008 at 10:30 a.m. The parties' Case Management Conference Statement shall be due September 3, 2008.
2. Hearing on Continental's Motion to Dismiss from August 6, 2008 to September 10, 2008 at 10:30 a.m.
CARROLL, BURDICK & McDONOUGH LLP
ALAN JACOBUS Attorneys for Defendant
THE CONTINENTAL INSURANCE COMPANY
THELEN REID BROWN RAYSMAN & STEINER LLP
JOHN A. CHATOWSKI Attorneys for Plaintiff HOMESTAKE LEAD ...