Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

American Steel & Stairways, Inc v. Lexington Insurance Company

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


August 17, 2012

AMERICAN STEEL & STAIRWAYS, INC.; MARTIN VOLLRATH, AN INDIVIDUAL; AND THOMAS VOLLRATH, AN INDIVIDUAL,
PLAINTIFFS,
v.
LEXINGTON INSURANCE COMPANY, A DELAWARE CORPORATION; INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, A PENNSYLVANIA CORPORATION;
CHARTIS CLAIMS, INC., A DELAWARE CORPORATION; AND DOES 1 THROUGH 100, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Honorable Susan Illston United States District Court Judge

The Honorable Susan Illston

STIPULATION AND ORDER TO CONTINUE HEARING DATE OF CHARTIS CLAIMS, INC., MOTION TO DISMISS

Pursuant to Civil Local Rules 7-7(b)(1), 6-1 and 6-2 for the Northern District of California, Plaintiffs American Steel & Stairways, Inc., Martin Vollrath and Thomas Vollrath 27 (collectively, "Plaintiffs") and Defendant Chartis Claims, Inc. (collectively, with Plaintiffs, the 28 "Parties"), by their undersigned attorneys, hereby stipulate and agree as follows: 2 WHEREAS, Plaintiffs filed a complaint in San Mateo County Superior Court on April 16, 2012 and Defendants Lexington Insurance Company, the Insurance Company of the State of 4 Pennsylvania and Chartis Claims, Inc. ("Chartis Claims") removed the case to Federal Court on 5 June 15, 2012; 6 WHEREAS, Chartis Claims filed a Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) on June 22, 2012; 8

WHEREAS, Plaintiffs filed their Opposition to Chartis Claims' Motion to Dismiss on July 6, 2012; 10

WHEREAS, Chartis Claims' filed its reply on July 20, 2012;

WHEREAS, the hearing on Chartis Claims' Motion to Dismiss is currently scheduled for August 24, 2012 at 9:00 a.m.; 13

WHEREAS, the Parties have agreed to continue the hearing date to September 21, 2012 14 at 9:00 a.m.; 15

WHEREAS, there has been no prior modification of the hearing date by the Parties;

WHEREAS, none of the Parties will be prejudiced by the modification of the hearing 17 date; 18 NOW, THEREFORE, the Parties hereby stipulate to continue the hearing date for Chartis Claims' Motion to Dismiss Pursuant to Federal Rules of Civil Procedure 12 to September 21, 20 2012 at 9:00 a.m. 21

IT IS SO AGREED AND STIPULATED.

SEDGWICK LLP WILLOUGHBY, STUART & BENING By: __/s/_Diana L. Geseking_________ By: __/s/_Alexander F. Stuart__________ Diana L. Geseking Alexander F. Stuart Traci M. Ribeiro (pro hac vice) 50 W. San Fernando Street, Suite 400 Smita Mokshagundam (pro hac vice) San Jose, CA 95113 27 One North Wacker Drive, Suite 4200 Telephone: 408-289-1972 Chicago, IL 60606 Facsimile: 408-295-6375 28 Telephone: 312-641-9050 Facsimile: 312-641-9530 2 Attorneys for Plaintiffs AMERICAN STEEL & STAIRWAYS, INC., MARTIN VOLLRATH and Attorneys for Defendants LEXINGTON THOMAS VOLLRATH INSURANCE COMPANY, INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA and CHARTIS CLAIMS, INC. 5 6

IT IS SO ORDERED.

BRIAN D. HARRISON (SBN 157123) SEDGWICK LLP 2 333 Bush Street, 30th Floor San Francisco, CA 94101-2834 3 Telephone: (415) 781-7900 Facsimile: (415) 781-2635 4 brian.harrison@sedgwicklaw.com 5 TRACI M. RIBEIRO (pro hac vice) SMITA MOKSHAGUNDAM (pro hac vice) 6 DIANA L. GESEKING (SBN 252860) SEDGWICK LLP 7 One North Wacker Drive, Suite 4200 Chicago, IL 60606-2841 8 Telephone: (312) 641-9050 Facsimile: (312) 641-9530 9 diana.geseking@sedgwicklaw.com 10 Attorneys for LEXINGTON INSURANCE COMPANY, INSURANCE COMPANY OF THE STATE 11 OF PENNSYLVANIA and CHARTIS CLAIMS, INC. 12

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

Case No. 12 cv 3103 SI

[The Honorable Susan Illston]

AMERICAN STEEL & STAIRWAYS, INC.; MARTIN VOLLRATH, an individual; and THOMAS VOLLRATH, an individual, Plaintiffs, v. LEXINGTON INSURANCE COMPANY, a Delaware corporation; INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, a Pennsylvania corporation; CHARTIS CLAIMS, INC., a Delaware corporation; and DOES 1 through 100, inclusive, Defendants.

CERTIFICATE OF SERVICE

I am familiar with the United States District Court, Northern District of California's 26 practice for collecting and processing electronic filings. Under that practice, the following 27 document was electronically filed with the court on August 17, 2012: 28

1. STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING DATE OF CHARTIS CLAIMS, INC.'S MOTION TO DISMISS

The Court's CM/ECF system will generate a Notice of Electronic Filing (NEF) to the 4 filing party, the assigned judge, and any registered users in the case. The NEF will constitute 5 service of the document(s). Registration as a CM/ECF user constitutes consent to electronic 6 service through the Court's transmission facilities. Under said practice, the following CM/ECF 7 users were served: 8

Alexander F. Stuart COUNSEL FOR PLAINTIFFS AMERICAN 9 WILLOUGHBY, STUART & BENING STEEL & STAIRWAYS, INC., MARTIN 50 W. San Fernando Street, Suite 400 VOLLRATH and THOMAS VOLLRATH San Jose, CA 95113 Telephone: 408-289-1972 11 Facsimile: 408-295-6375 12 afs@wsblaw.net

I declare under penalty of perjury under the laws of the United States of America that the 14 foregoing is true and correct. 15

Executed on August 17, 2012, at Chicago, Illinois.

/s/ Diana L. Geseking

Diana L. Geseking

20120817

© 1992-2012 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.