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Franjo, Inc. v. American International Group, Inc.

United States District Court, Ninth Circuit

January 10, 2014

FRANJO, INC., and DMS FACILITY SERVICES, INC., individually and on behalf of all others similarly situated, Plaintiffs,
v.
AMERICAN INTERNATIONAL GROUP, INC.; AIU INSURANCE COMPANY; AMERICAN FUJI FIRE AND MARINE INSURANCE COMPANY; AMERICAN HOME ASSURANCE COMPANY; CHARTIS PROPERTY CASUALTY COMPANY f/k/a AIG CASUALTY COMPANY f/k/a BIRMINGHAM FIRE INSURANCE COMPANY OF PENNSYLVANIA; COMMERCE AND INDUSTRY INSURANCE COMPANY, INC.; GRANITE STATE INSURANCE COMPANY; INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA; NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA; NEW HAMPSHIRE INSURANCE COMPANY; AIG RISK MANAGEMENT INC., MAURICE R. GREENBERG; and DOES 1 through 10 inclusive, Defendants.

Deborah R. Rosenthal (#184241) SIMNIMMONS BROWDER GIANARIS ANGELIDES & BARNERD LLC San Francisco, California, Drew E. Pomerance(#101239) Nicholas P. Roxborough (#113540) ROXBOROUGH POMERANCE NYE & ADREANI LLP Woodland Hills, California, Derek Y. Brandt SIMMONS BROWDER GIANARIS ANGELIDES & BARNERD LLC Alton, Illinois, Attorneys for Plaintiffs Franjo, Inc., DMS Facility Services, Inc., and all others Deborah R. Rosenthal (#184241) Derek Y. Brandt similarly situated.

SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP Attorneys for Defendant Maurice R. Greenberg.

QUINN EMANUEL URQUHART & SULLIVAN, LL Attorneys for Defendants American International Group, Inc. AIU Insurance Company, American Fuji Fire and Marine Insurance Company, American Home Assurance Company, Chartis Property Casualty Company f/k/a AIG Casualty Company f/k/a Birmingham Fire Insurance Company of Pennsylvania, Commerce and Industry Insurance Company, Inc., Granite State Insurance Company, Insurance Company of the State of Pennsylvania, National Union Fire Insurance Company of Pittsburgh, Pennsylvania, New Hampshire Insurance Company, and AIG Risk Management, Inc.

STIPULATION AND ORDER TO STAY INITIAL STATUS CONFERENCE PENDING DETERMINATION OF THE AIG DEFENDANTS' MOTION TO TRANSFER TO MDL

SAUNDRA B. ARMSTRONG, District Judge.

WHEREAS, on October 24, 2013, Plaintiffs Franjo, Inc., and DMS Facility Services initiated this action by the filing of their Class Action Complaint (the "Class Action Complaint"), designated Case No. 13-cv-4685, in the United States District Court for the North District of California ("this Action"); and

WHEREAS, the Class Action Complaint names as defendants American International Group, Inc., AIU Insurance Company, American Fuji Fire and Marine Insurance Company, American Home Assurance Company, Chartis Property Casualty Company f/k/a AIG Casualty Company f/k/a Birmingham Fire Insurance Company of Pennsylvania, Commerce and Industry Insurance Company, Inc., Granite State Insurance Company, Insurance Company of the State of Pennsylvania, National Union Fire Insurance Company of Pittsburgh, Pennsylvania, New Hampshire Insurance Company, and AIG Risk Management Inc. (collectively, "the AIG Defendants"), Maurice R. Greenberg ("Greenberg"), and Does 1 through 10 inclusive; and

WHEREAS, in civil actions now pending in multiple other jurisdictions, other plaintiffs have asserted related or similar claims to those made in Case No. 13-cv-4685; and

WHEREAS, on or about December 19, 2013, the AIG Defendants filed with United States Judicial Panel on Multidistrict Litigation ("JPML") a motion, pursuant to 28 U.S.C. § 1407, to transfer all related actions to the United States District Court for the Northern District of Illinois, thereby opening MDL No. 2519. According to AIG's memorandum in support of its § 1407 motion to transfer, counsel for Defendant Greenberg, "while reserving all his rights and objections...does not oppose the relief sought on [AIG's motion to transfer]." MDL No. 2519 Doc.#1-1 at p.2, n. 2. The JPML has entered a briefing schedule for the motion pending in MDL no. 2519, but there has been no judicial MDL determination and there has been no judicial determination of the relatedness of the aforementioned actions;

WHEREAS, an Initial Status Conference for this Action is currently set for January 22, 2014 at 2:30 p.m.

NOW THEREFORE:

IT IS HEREBY STIPULATED AND AGREED BY AND BETWEEN THE UNDERSIGNED COUNSEL FOR THE PARTIES:

1. The Initial Status Conference currently set for January 22, 2014 is hereby stayed pending the JPML's ruling on the AIG Defendants' § 1407 motion to transfer.

2. The deadlines to submit the parties' Rule 26(f) Plan and Initial Disclosures are further stayed pending the JPML's ruling on the AIG Defendants' § 1407 motion to transfer.

3. Once there has been a ruling on the AIG Defendants' § 1407 motion to transfer, the parties agree to promptly inform the Court, so the Court may take the appropriate action to either transfer the case or reschedule the various matters which have been stayed.

Pursuant to the foregoing stipulation to stay the Initial Status Conference pending the JPML's ruling on the AIG Defendants' § 1407 motion to transfer and good cause appearing, it is hereby ORDERED that:

1. The Initial Status Conference currently set for January 22, 2014 is hereby stayed pending the JPML's ruling on the AIG Defendants' § 1407 motion to transfer.
2. The deadlines to submit the parties' Rule 26(f) Plan and Initial Disclosures are further stayed pending the JPML's ruling on the AIG Defendants' § 1407 motion to transfer.
3. Once there has been a ruling on the AIG Defendants' § 1407 motion to transfer, the parties will promptly inform the Court, so the Court may take the appropriate action to either transfer the case or reschedule the various matters which have been stayed.

IT IS SO ORDERED.


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