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Homestake Lead Company of Missouri v. National Union Fire Insurance Company of Pittsburgh

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


July 22, 2008

HOMESTAKE LEAD COMPANY OF MISSOURI, PLAINTIFF,
v.
NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA AND THE CONTINENTAL INSURANCE COMPANY, DEFENDANTS.

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

STIPULATION

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.

Dated: July 22, 2008

CARROLL, BURDICK & McDONOUGH LLP

ALAN JACOBUS Attorneys for Defendant

THE CONTINENTAL INSURANCE COMPANY

Dated: July 22, 2008

THELEN REID BROWN RAYSMAN & STEINER LLP

JOHN A. CHATOWSKI Attorneys for Plaintiff HOMESTAKE LEAD COMPANY OF MISSOURI

Dated: July 22, 2008

LEWIS BRISBOIS BISGAARD & SMITH LLP

RENE GAMBOA

Attorneys for Defendant NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA

GENERAL ORDER 45 CERTIFICATION*fn1 I, Alan P. Jacobus, hereby attest pursuant to N.D. Cal. General Order No. 45 that the concurrence to the filing of this document has been obtained from each signatory hereto. Executed this 22nd day of July, 2008, at San Francisco, California.

ALAN P. JACOBUS Attorneys for Defendant THE CONTINENTAL INSURANCE COMPANY

ORDER

PURSUANT TO STIPULATION, IT IS HEREBY ORDERED THAT:

1. The Case Management Conference and hearing on Continental's Motion to Dismiss is continued to September 10, 2008 at 10:30 a.m. The parties' Case Management Conference Statement shall be due September 3, 2008.


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