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Travelers Property Casualty Company of America and v. Legacy Transportation Services

May 25, 2011

TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA AND
TOMOTHERAPY INCORPORATED, PLAINTIFFS,
v.
LEGACY TRANSPORTATION SERVICES, INC., DEFENDANT AND THIRD- PARTY PLAINTIFF,
v.
UNITED VAN LINES, LLC AND DTI RIGGING,
THIRD-PARTY DEFENDANTS



The opinion of the court was delivered by: Honorable Jeffrey S. White Judge, United States District Court

ROBERTS & KEHAGIARAS LLP ANDREW D. KEHAGIARAS, ESQ. (State Bar No. 207767) 2 adk@tradeandcargo.com GEORGE P. HASSAPIS, ESQ. (State Bar No. 147072) 3 gph@tradeandcargo.com One World Trade Center, Suite #2350 4 Long Beach, CA 90831 Telephone: (310) 642-9800 5 Facsimile: (310) 868-2923 6 Attorneys for plaintiffs TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA and TOMOTHERAPY INCORPORATED LLP

STIPULATION REGARDING THE FILING AND BRIEFING OF A MOTION TO CLARIFY AND ADJUSTMENT OF THE SCHEDULE FOR THE SUMBISSION OF CROSS-MOTIONS FOR SUMMARY JUDGMENT; [PROPOSED] ORDER AS MODIFIED EHAGIARAS

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OBERTS

Pursuant to the stipulation of counsel [Docket #81] and 24 the subsequent order of the Court rescheduling dates 25 Docket#82], on May 20, 2011, counsel for Plaintiffs, Travelers 26 Property Casualty Insurance Company of America and Tomotherapy 27 Incorporated appeared before the captioned court for a further status conference. During that conference counsel advised the Court that confusion had arisen between counsel regarding the 2 meaning and effect of earlier orders made by the Court in this 3 action. The Court advised counsel of its willingness to 4 entertain a motion for clarification with regard to its earlier 5 orders. This, in turn, would allow the parties to each more 6 precisely focus their own motion for summary judgment and 7 maximize the chances that the matter would be fully resolved by 8 the intended cross motions for summary judgment and without the 9 need for trial. 10 11

The Court entered an minute order following the Management

LLP

EHAGIARAS

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Conference ordering the parties to confer and ultimately to prepare and file a stipulation relating to the date for the filing and briefing of a motion for clarification; adjusting

OBERTS

the existing briefing schedule for the filing and briefing of 16 the cross-motions for summary judgment contemplated by the parties; and setting the matter for another Case Management 18

Conference on a date beyond the proposed argument date for the 19 cross-motions. This would allow the Court to take another look 20 at what issues (if any) remained for resolution after the 21 hearing of the parties' cross-motions for summary judgment and 22 assess what might be the most efficient manner of resolving 23 those remaining issues. 24 25

The parties have met and conferred as ordered and have 26 stipulated to the following (subject to the Court's alteration 27 of the proposed schedule for its own convenience): 28

1. Plaintiffs shall file their opening brief seeking 3 clarification of the meaning and import of the Court's ...


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