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Evanston Insurance Co. v. Public Pension Professionals

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


July 21, 2009

EVANSTON INSURANCE COMPANY, AN ILLINOIS CORP., PLAINTIFF,
v.
PUBLIC PENSION PROFESSIONALS, A CALIFORNIA CORP., IRA M. SUMMER, AN INDIVIDUAL, AND FRESNO COUNTY EMPLOYEES' RETIREMENT ASSOCIATION DEFENDANTS.

The opinion of the court was delivered by: Claudia Wilken United States District Court Judge

STIPULATION AND ORDER EXTENDING TIME FOR DEFENDANTS PUBLIC PENSION PROFESSIONALS AND IRA M. SUMMER TO RESPOND TO PLAINTIFF'S FIRST AMENDED COMPLAINT, AND CONTINUING INITIAL CASE MANAGEMENT CONFERENCE AND DEADLINES AS MODIFIED

The parties hereto, by and through their counsel, John M. Hochhausler of Manning & Marder Kass, Ellrod, Ramirez LLP for Plaintiff Evanston Insurance Company, an Illinois Corporation, and Mary P. Derner of Spaulding McCullough & Tansil LLP for Defendants Public Pension Professionals, a California Corporation and Ira M. Summer (hereinafter "Defendants") do hereby stipulate and request this Court as follows:

2009. Pursuant to the Order, the Court set (1) July 14, 2009 as the last day to meet and confer regarding initial disclosures, early settlement, ADR selection and discovery plan; (2) July 28, 2009 as the last day to file Rule 26(f) Report, complete initial disclosures or state objections in Rule 26(f) Conference.

WHEREAS, on April 22, 2009, Plaintiff filed its Complaint.

WHEREAS, on April 22, 2009, the Court issued an Order Setting Initial Case Management Conference and ADR Deadlines ("Order") based on the filing of the initial Complaint on April 22, Report and file Case Management Statement; and (3) August 4, 2009 for Initial Case Management

WHEREAS, on June 24, 2009, Plaintiff filed its First Amended Complaint.

WHEREAS, Defendants were served with the First Amended Complaint on June 24, 2009.

WHEREAS, Defendants' response to the First Amended Complaint is due on July 14, 2009.

WHEREAS, Plaintiff has granted Defendants an additional 30 days to respond to Plaintiff's First Amended Complaint up to and including August 13, 2009.

Initial Case Management Conference and all deadlines set in its April 22, 2009 Order for a period of 60 days. Continuing these deadlines and the Initial Case Management Conference will not prejudice either party or their counsel and will promote judicial economy.

WHEREAS, because of the filing and service of the First Amended Complaint on June 24, 2009, the parties have jointly agreed and stipulated to respectfully request this Court continue the

WHEREAS, the parties agree the following constitutes good cause to continue the Initial Case Management Conference, the deadlines for meet and confer regarding initial disclosures, the initial disclosures, filing of a Rule 26(f) report and filing of a Joint Case Management Statement.

respective attorneys of record, that the Initial Case Management Conference currently set for August 4, 2009 at 2:00 p.m., Courtroom 2, be continued to October 5, 2009, or to a date and time that the Court may deem appropriate. The parties further stipulate to extend the following deadlines

IT IS HEREBY STIPULATED and agreed by Plaintiff and Defendants, though their accordingly: (1) last day to meet and confer regarding initial disclosures, early settlement, ADR selection and discovery plan and file ADR certification and either Stipulation to ADR or Notice of Need for ADR Phone Conference will be September 14, 2009; (2) last day to complete initial disclosures, state objections, file Joint Case Management Statement and file/serve Rule 26(f) Report will be September 28, 2009.

Pursuant to General Order 45, section X.B., I hereby attest that all parties concur in the filing of the Stipulation And [Proposed] Order Extending Time For Defendants Public Pension Professionals And Ira M. Summer To Respond To Plaintiff's First Amended Complaint, And Continuing Initial Case Management Conference And Deadlines.

IT IS SO STIPULATED.

ORDER

Having reviewed the Stipulation of the parties, and good cause appearing, IT IS HEREBY ORDERED that:

1. Defendants are granted a 30 day extension of time to respond to Plaintiff's First Amended Complaint up to and including August 13, 2009; continued to October 6, 2009, Courtroom 2; selection and discovery plan and file ADR certification and either Stipulation to ADR or Notice of

4. The last day to complete initial disclosures, state objections, file Joint Case Management Statement and file/serve Rule 26(f) Report will be September 28, 2009.

2. The Initial Case Management Conference on August 4, 2009, at 2:00 p.m. will be

3. The last day to meet and confer regarding initial disclosures, early settlement, ADR Need for ADR Phone Conference will be September 14, 2009; and

PURSUANT TO STIPULATION, IT IS SO ORDERED.

20090721

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