UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
December 5, 2012
TRAVELERS INDEMNITY OF CONNECTICUT, ET AL,
ARCH SPECIALTY INSURANCE COMPANY, DEFENDANT.
The opinion of the court was delivered by: Justin L. Quackenbush Senior United States District Judge
ORDER RE: SUPPLEMENTAL BRIEFS AND MOTION TO AMEND
The parties appeared in Riverside, California for oral argument on the pending cross-motions for summary judgment on December 3, 2012. Aaron P. Allan and Fred D. Heather participated on behalf of Arch Specialty Insurance ("Arch"), and Terry Avchen and Noah Perch-Ahern were also present. John Brooks appeared on behalf of Travelers.
Unfortunately, due to attorneys arriving late on the prior case, and the need to hear from witnesses at a criminal suppression hearing in the afternoon, inadequate time was available to fully hear the motions. Therefore, the hearing on the summary judgment motions was continued. The court stated its initial impressions, which are not rulings, and heard from counsel for both sides. Arch requested leave to file a Second Amended Counterclaim. This Order will memorialize and supplement the oral rulings of the court.
IT IS HEREBY ORDERED:
1. Arch is allowed to file a Motion to Amend its pleadings. The court has not determined whether amendment will be allowed, and the court is cognizant of a prior Order in this case stating: "No further joinder of parties or amendments to 1 pleadings is permitted except with leave of court, good cause having been shown."
(ECF No. 18). Arch's Motion to Amend shall be filed no later than December 17, 3 2012.
2. The court allowed the parties to submit supplemental briefs addressing 5 issues raised at the December 3, 2012 hearing. Each side may submit a 6 supplemental brief at noon on December 20, 2012. The supplemental brief shall 7 not exceed fifteen (15) pages and need not contain a table of contents or table of 8 authorities. No responses or replies to supplemental briefing shall be filed without 9 the prior permission of the court.
3. After receiving the supplemental briefs, the court will contact counsel to schedule the continuation of the hearing on the Motions for Summary Judgment. The hearing will likely be scheduled sometime between January 15, 2013 and January 30, 2013. The court is currently scheduled to be in Riverside, California for criminal calendars on the morning of January 22, 2013. Counsel may suggest preferred dates in their supplemental briefs.
IT IS SO ORDERED. The Clerk shall enter this Order and furnish copies to counsel.
Justin L. Quackenbush
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