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American Steel & Stairways, Inc v. Lexington Insurance Company

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


November 21, 2012

AMERICAN STEEL & STAIRWAYS, INC.;
MARTIN VOLLRATH, AN INDIVIDUAL; AND
THOMAS VOLLRATH, AN INDIVIDUAL,
PLAINTIFFS,
v.
LEXINGTON INSURANCE COMPANY, A INITIAL CASE MANAGEMENT DELAWARE CORPORATION;
INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, A PENNSYLVANIA 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 [PROPOSED] ORDER TO EXTEND MEDIATION DEADLINE; CONTINUE DATE OF CONFERENCE AND WITHDRAW MOTION TO EXTEND DEADLINE FOR COMPLETING MEDIATION

Northern District of California, Defendants Lexington Insurance Company ("Lexington") and 3 the Insurance Company of the State of Pennsylvania, ("ISOP") and Plaintiffs American Steel & 4 "Parties," by their undersigned attorneys, hereby stipulate and agree as follows: 6 16, 2012 and the case was removed to Federal Court on June 15, 2012; 8 2012 at 2:30 p.m. and then reset the date for September 20, 2012 at 2:30 p.m.; 10 4, 2012 directing a presumptive deadline of December 3, 2012; 12 13 the initial case management conference for November 30, 2012; 14 15 appointing Anne Lawlor Goyette as mediator; 16 17 appointed mediator on November 5, 2012; 18

WHEREAS, the mediator has agreed to schedule a mediation of this matter for January 10, 2013 if the Court grants an extension of the mediation deadline; 21 November 19, 2012 [Dkt. #58]; 23

Completing Mediation is moot and Plaintiffs agree to withdraw the motion; 25 Parties' mediation to avoid unnecessary expenditure of the Court and Parties' time and 27 resources; 28 Pursuant to Civil Local Rules, 16-2(e), 7-12, 6-1 and 6-2 and ADR Local Rule 6-5 for the Stairways, Inc., Martin Vollrath and Thomas Vollrath (collectively "Plaintiffs"), collectively the 5

WHEREAS, Plaintiffs filed a Complaint in San Mateo County Superior Court on April

WHEREAS, the Court set the initial case management conference for September 21,

WHEREAS, the Court ordered this matter to mediation under ADR L.R. 6 on September

WHEREAS, on September 10, 2012, the Court, on its own motion, continued the date of

WHEREAS, the Court issued its notice of appointment of mediator on October 3, 2012,

WHEREAS, counsel for the Parties conducted their initial telephone conference with the

WHEREAS, Plaintiffs need additional time to prepare for the mediation;

WHEREAS, Plaintiffs filed a Motion to Extend Deadline for Completing Mediation on

WHEREAS, pursuant to this Stipulation, Plaintiffs' Motion to Extend Deadline for

WHEREAS, the initial case management conference should be conducted after the 2 case management conference date by the Parties; 3 deadline or the initial case management conference date; 5 January 31, 2013, to continue the date for the initial case management conference to February 1, 7 Plaintiffs' Motion to Extend Deadline for Completing Mediation.

DATED: November 20, 2012 11 By: __/s/_Diana L. Geseking_________ By: __/s/_Alexander F. Stuart__________ 13 Smita Mokshagundam (pro hac vice) San Jose, CA 95113 One North Wacker Drive, Suite 4200 Telephone: 408-289-1972 15 Chicago, IL 60606 Facsimile: 408-295-6375 Telephone: 312-641-9050 16 Facsimile: 312-641-9530 Attorneys for Plaintiffs AMERICAN STEEL 17 & STAIRWAYS, INC., MARTIN Attorneys for Defendants LEXINGTON VOLLRATH and THOMAS VOLLRATH 18 INSURANCE COMPANY, INSURANCE 19 COMPANY OF THE STATE OF PENNSYLVANIA 20 21

1. The Mediation Deadline is continued to January 31, 2013;

2. The Initial Case Management Conference is continued to ________________, 2013; Feb. 22

WHEREAS, there has been no prior modification of the mediation deadline or the initial

WHEREAS, none of the Parties will be prejudiced by the modification of the mediation

NOW, THEREFORE, the Parties hereby stipulate to extend the mediation deadline to 2013 at 2:30 p.m. or to a date to be scheduled by the Court after the mediation, and to withdraw 8

IT IS SO AGREED AND STIPULATED.

SEDGWICK LLP WILLOUGHBY, STUART & BENING 12 Diana L. Geseking Alexander F. Stuart Traci M. Ribeiro (pro hac vice) 50 W. San Fernando Street, Suite 400 14

PURSUANT TO STIPULATION, THE COURT HEREBY ORDERS: 22

27

3. Plaintiffs' Motion to Extend Mediation Deadline is withdrawn.

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 traci.ribeiro@sedgwicklaw.com smita.mokshagundam@sedgwicklaw.com 10 diana.geseking@sedgwicklaw.com 11 Attorneys for LEXINGTON INSURANCE COMPANY and THE INSURANCE COMPANY OF STATE OF PENNSYLVANIA 13 THE 12

UNITED STATES DISTRICT COURT 14 NORTHERN DISTRICT OF CALIFORNIA 15 SAN FRANCISCO DIVISION

AMERICAN STEEL & STAIRWAYS, INC.; ) 17 MARTIN VOLLRATH, an individual; and THOMAS VOLLRATH, an individual, ) Case No. 12 cv 3103 SI 18 Plaintiffs, ) [The Honorable Susan Illston] 19 v. ) CERTIFICATE OF SERVICE LEXINGTON INSURANCE COMPANY, a ) 21 Delaware corporation; INSURANCE ) COMPANY OF THE STATE OF 22 PENNSYLVANIA, a Pennsylvania ) corporation; and DOES 1 through 100, 23 inclusive, )) 24 Defendants.

I am familiar with the United States District Court, Northern District of California's 27 practice for collecting and processing electronic filings. Under that practice, the following 28 document was electronically filed with the court on November 20, 2012:

CERTIFICATE OF SERVICE

1. STIPULATION AND [PROPOSED] ORDER TO EXTEND MEDIATION DEADLINE; CONTINUE DATE OF INITIAL CASE MANAGEMENT CONFERENCE AND WITHDRAW MOTION TO EXTEND DEADLINE 3 FOR COMPLETING MEDIATION

The Court's CM/ECF system will generate a Notice of Electronic Filing (NEF) to the 5 filing party, the assigned judge, and any registered users in the case. The NEF will constitute 6 service of the document(s). Registration as a CM/ECF user constitutes consent to electronic 7 service through the Court's transmission facilities. Under said practice, the following CM/ECF 8 users were served: 9

Alexander F. Stuart COUNSEL FOR PLAINTIFFS AMERICAN 10 WILLOUGHBY, STUART & BENING STEEL & STAIRWAYS, INC., MARTIN 50 W. San Fernando Street, Suite 400 VOLLRATH and THOMAS VOLLRATH 11 San Jose, CA 95113 Telephone: 408-289-1972 12 Facsimile: 408-295-6375 13 afs@wsblaw.net 14 I declare under penalty of perjury under the laws of the United States of America that the 15 foregoing is true and correct. 16 Executed on November 20, 2012, at Chicago, Illinois.

__/s/ Diana L. Geseking_____

20121121

© 1992-2012 VersusLaw Inc.



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