UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
January 16, 2013
STEADFAST INSURANCE COMPANY PLAINTIFF,
AMERICAN SAFETY INDEMNITY COMPANY, AN OKLAHOMA CORPORATION; AND DOES 1 TO 10, INCLUSIVE S. DEFENDANT
STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINE FOR PARTIES TO COMPLETE EARLY NEUTRAL EVALUATION AND FINAL DATE TO AMEND PLEADINGS OR ADD PARTIES WITHOUT FURTHER COURT ORDER
WHEREAS, on October 10, 2012, plaintiff, Steadfast Insurance Company, and defendant, American Safety Indemnity Company (collectively, the "Parties"), filed their "Stipulation and 3 [Proposed] Order Selecting ADR Process" and selected Early Neutral Evaluation ("ENE") 4 pursuant to ADR Local Rule 5 (the "Stipulation"). WHEREAS, the Parties failed to request a 5 specific deadline in the Stipulation to complete ENE. 6
WHEREAS, on October 20, 2012, the Court issued an Order adopting the Parties' Stipulation thereby making January 18, 2013, the deadline for the Parties to complete ENE. 8
WHEREAS, the Parties intended to request in the Stipulation that the deadline to complete ENE be 90 days from the Initial Case Management Conference. 10
WHEREAS, the date for the Initial Case Management Conference in this action is now January 17, 2013. 12
WHEREAS, on October 24, 2012, the Parties filed their "Joint Case Management Statement" wherein the Parties proposed December 14, 2012, as the final date for any Party to 14 amend pleadings or add parties without further Court order. 15
WHEREAS, the Parties have exchanged certain information and documents concerning 16 additional entities who should be a party to this action. 17
WHEREAS, the Parties believe additional time is needed to determine whether they wish 18 to amend their respective pleadings or add parties in this action. 19
WHEREFORE, the Parties now respectfully request that the Court order that the last day 20 for the Parties to complete ENE is April 17, 2013, and the last day to amend pleadings or add 21 parties without further Court Order is January 10, 2013. 22
IT IS SO STIPULATED:
DATED: December 11, 2012 MORALES, FIERRO & REEVES By: /s/ David A. Astengo RAMIRO MORALES DAVID A. ASTENGO Attorneys for Plaintiff, STEADFAST INSURANCE COMPANY DATED: December 11, 2012 BLAU & ASSOCIATES, P.C. By: /s/ David Blau DAVID S. BLAU RON NELSON Attorneys for Defendant, AMERICAN SAFETY INDEMNITY COMPANY
Having reviewed the above stipulation, it is the Court's order that the last day for any Party to amend pleadings or add parties without further Court order is January 10, 2013. It is the further 11 order of the Court that the last day for the Parties to complete Early Neutral Evaluation ("ENE") 12 pursuant to ADR Local Rule 5 is April 17, 2013.
IT IS SO ORDERED.
UNITED STATES DISTRICT COURT DISTRICT OF NORTHERN CALIFORNIA
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