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Basalite Concrete Products, LLC v. National Union Fire Insurance Co. of Pittsburgh, P.A.

United States District Court, Ninth Circuit

April 26, 2013

BASALITE CONCRETE PRODUCTS, LLC, ET AL., Plaintiff,
v.
NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA., ET AL., Defendants.

RICHARD H. NICOLAIDES, JR., pro hac vice, DANIEL I. GRAHAM, JR., pro hac vice, JOCELYN F. CORNBLEET, pro hac vice, BATES CAREY NICOLAIDES LLP, Chicago, IL, SARA M. THORPE (SBN 146529), SETH J. MANFREDI (SBN 260893), GORDON & REES LLP, San Francisco, CA, Attorneys for Defendants NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. and CHARTIS SPECIALTY INSURANCE COMPANY (f/k/a American International Specialty Lines Insurance Company).

CAUFIELD & JAMES, LLP, Jeffery L. Caufield, Esq., Attorneys for Plaintiffs Basalite Concrete Products, LLC & Pacific Coast Building Products, Inc.

JOINT STIPULATION AND REQUEST THAT THE CURRENT PRETRIAL SCHEDULING CONFERENCE BE TAKEN OFF CALENDAR AND RESCHEDULED IF NECESSARY

WILLIAM B. SHUBB, District Judge.

Plaintiffs Basalite Concrete Products, LLC and Pacific Coast Building Products, Inc. (collectively, "Basalite") and Defendants National Union Fire Insurance Company of Pittsburgh, Pa. and Chartis Specialty Insurance Company (collectively, the "Insurers") (collectively, the "Parties"), by and through their undersigned counsel, stipulate to and hereby request that the current Pretrial Scheduling Conference, scheduled for May 13, 2013 at 2:00 p.m., be taken off calendar and rescheduled for June 3, 2013 at 2:00 p.m., or as soon thereafter as is convenient for the Court, to provide the Court an opportunity to rule on the Insurers' pending motion to dismiss Basalite's First Amended Complaint.

Good Cause Exists to Reschedule

Scheduling orders entered before the final pretrial conference may be modified upon a showing of "good cause." FRCP 16(b); Kuschner v. Nationwide Credit, Inc., 256 F.R.D. 684 (E.D. Cal. 2009). Here, good cause exists to reschedule the Pretrial Scheduling conference currently set for May 13, 2013.

Initially, this Court scheduled the Pretrial Scheduling Conference in this matter for March 4, 2013. However, prior to that date, the Insurers filed a motion to dismiss Basalite's original Complaint, which was granted on February 12, 2013. The Court granted Basalite leave to file an amended complaint on or before March 4, 2013. Consequently, the Parties filed a Joint Stipulation on February 13, 2013 requesting that the Court reschedule the Pretrial Scheduling Conference. The Court granted the Parties' Joint Stipulation and rescheduled the Pretrial Scheduling Conference for May 13, 2013.

At the time the Court granted the prior Joint Stipulation, it was unclear if Basalite would file an amended pleading. Since that time, Basalite filed a First Amended Complaint, which the Insurers have moved to dismiss. The motion to dismiss the First Amended Complaint is currently pending and is scheduled to be heard on May 6, 2013.

Because of the current posture of the case, and to avoid expenses related to the preparation of the Joint Status Report and travel to Sacramento from Illinois and Southern California in the event the Insurers' pending motion to dismiss is granted, the Parties stipulate to and request that Pretrial Scheduling Conference scheduled for May 13, 2013 at 2:00 p.m. be rescheduled to June 3, 2013 at 2:00 p.m., or as soon thereafter as is convenient to the Court.

So stipulated.

ORDER RE: JOINT STIPULATION AND REQUEST THAT THE CURRENT PRETRIAL SCHEDULING CONFERENCE BE TAKEN OFF CALENDAR AND RESCHEDULED IF NECESSARY

TO ALL PARTIES AND THEIR COUNSEL OF RECORD:

The Court, having reviewed the Joint Stipulation and Request that the Current Pretrial Scheduling Conference be Taken Off Calendar and Rescheduled if Necessary jointly filed by Plaintiffs Basalite Concrete Products, LLC and Pacific Coast Building Products, Inc., and Defendants National Union Fire Insurance Company of Pittsburgh, Pa. and Chartis Specialty Insurance Company (collectively, the "Parties"), and upon good cause shown,

HEREBY ORDERS as follows:

1. The Parties' Joint Stipulation and Request is GRANTED.
2. The Current Pretrial Scheduling Conference is taken off calendar and rescheduled to June 24, 2013 at 2:00 p.m. A Joint Status Report shall be filed no later tan June 10, 2013.

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