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L&M Ventures, LLC, A California Limited v. Travelers Casualty & Surety

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


December 6, 2011

L&M VENTURES, LLC, A CALIFORNIA LIMITED
LIABILITY COMPANY; STUART LERNER, AN INDIVIDUAL; AND BLUE CHIP III, LLC, A MISSISSIPPI LIMITED LIABILITY COMPANY,
PLAINTIFFS,
v.
TRAVELERS CASUALTY & SURETY
COMPANY OF AMERICA, A CONNECTICUT CORPORATION; LIPSCOMB & PITTS INSURANCE AGENCY, LLC, A DELAWARE LIMITED LIABILITY COMPANY; AND DOES 1 TO 500, INCLUSIVE, DEFENDANTS.

STIPULATION AND [PROPOSED] ORDER TO EXTEND ADR COMPLETION

Counsel for Plaintiffs L&M VENTURES, LLC, a California Limited Liability Company, STUART LERNER, an individual, and BLUE CHIP III, LLC, (collectively "Plaintiffs"), as well as 3 Defendant TRAVELERS CASUALTY & SURETY COMPANY OF AMERICA ("Travelers") and 4 Defendant LIPSCOMB & PITTS INSURANCE AGENCY, LLC ("Lipscomb") hereby stipulate to 5 extend the ADR completion deadline as follows:

1. Each of the parties herein have exchanged written discovery and produced substantial 7 documentation in response to requests for production. Lipscomb has requested that dates for 8 depositions be provided and the parties are in the process of scheduling numerous depositions to take 9 place over the next several months. Many, if not most, of the depositions necessary in this case are 10 outside the State of California. 11

2. The underlying state court action filed in Cape Girardeau, Missouri ("Missouri Action") 12 named as defendants therein each of the three (3) Plaintiffs, together with other parties. After Plaintiffs, 13 in the Missouri Action, filed their Third Amended petition, Travelers has recently agreed to defend 14 Lerner in his capacity as an agent of Blue Chip II, LLC and as an agent of Blue Chip Recycling, LLC 15 (but not individually or in any other capacity) under a reservation of rights. Plaintiffs' position is that 16 the issues in the Missouri Action may have a significant effect on the issues in the instant action. 17

Plaintiffs represent that the parties in the Missouri Action have already been to two (2) different 18 mediation sessions and Plaintiffs report that progress has been made toward reaching a settlement. 19

3. The Parties previously agreed to utilize private mediation with JAMS or the equivalent 20 with either a private judge or experienced attorney selected by the Parties and that the mediation would 21 be completed by November 30, 2011. Due to the failure to complete depositions of key witnesses, the 22 Parties agreed that it is premature to have a meaningful mediation on all of the issues. Further, 23 Lipscomb believes that Plaintiffs' damages, if any, are not ascertainable at this time and this suit is 24 premature. 25

4. The parties hereto believe that they can complete key depositions and complete a 26 meaningful ADR session on or before March 31, 2012. 27

20111206

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