Travelers Property Casualty Company of America v. Legacy Transportation Services, Inc., No. 3:2010cv00505 - Document 92 (N.D. Cal. 2011)
Court Description: ORDER GRANTING AS MODIFIED 91 Stipulation re Briefing of Motion/Application for Clarification. Motion for Clarification Hearing set for 7/8/2011 09:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. Jeffrey S. White. Motion for Summary Judgment Hearing set for 9/9/2011 09:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. Jeffrey S. White.. Signed by Judge Jeffrey S. White on 5/25/11. (jjoS, COURT STAFF) (Filed on 5/25/2011)
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Travelers Property Casualty Company of America v. Legacy Transportation Services, Inc. Case3:10-cv-00505-JSW Document91 1 2 3 4 5 6 7 Doc. 92 Filed05/24/11 Page1 of 6 ROBERTS & KEHAGIARAS LLP ANDREW D. KEHAGIARAS, ESQ. (State Bar No. 207767) adk@tradeandcargo.com GEORGE P. HASSAPIS, ESQ. (State Bar No. 147072) gph@tradeandcargo.com One World Trade Center, Suite #2350 Long Beach, CA 90831 Telephone: (310) 642-9800 Facsimile: (310) 868-2923 Attorneys for plaintiffs TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA and TOMOTHERAPY INCORPORATED 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA – SAN FRANCISCO DIVISION 11 www.tradeandcargo.com ROBERTS & KEHAGIARAS LLP 10 12 TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA and TOMOTHERAPY INCORPORATED, Plaintiffs, 13 vs. 14 15 16 17 18 LEGACY TRANSPORTATION SERVICES, INC., Defendant and ThirdParty Plaintiff, vs. 19 20 UNITED VAN LINES, LLC and DTI RIGGING, 21 Third-Party Defendants ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. C 10-00505 JSW STIPULATION REGARDING THE FILING AND BRIEFING OF A MOTION TO CLARIFY AND ADJUSTMENT OF THE SCHEDULE FOR THE SUMBISSION OF CROSS-MOTIONS FOR SUMMARY JUDGMENT; [PROPOSED] ORDER AS MODIFIED 22 Pursuant to the stipulation of counsel [Docket #81] and 23 24 the subsequent order of the Court rescheduling dates 25 [Docket#82], on May 20, 2011, counsel for Plaintiffs, Travelers 26 Property Casualty Insurance Company of America and Tomotherapy 27 Incorporated appeared before the captioned court for a further 28 status conference. During that conference counsel advised the 1 Z:\Legacy Transportation\Stipulation re clarification.doc STIPULATION RE CLARIFICATION MOITON CASE NO. C 10-00505 JSW Dockets.Justia.com Case3:10-cv-00505-JSW Document91 Filed05/24/11 Page2 of 6 1 Court that confusion had arisen between counsel regarding the 2 meaning and effect of earlier orders made by the Court in this 3 action. 4 entertain a motion for clarification with regard to its earlier 5 orders. 6 precisely 7 maximize the chances that the matter would be fully resolved by 8 the intended cross motions for summary judgment and without the 9 need for trial. The Court advised counsel of its willingness to This, in turn, would allow the parties to each more focus their own motion for summary judgment and 11 www.tradeandcargo.com ROBERTS & KEHAGIARAS LLP 10 The Court entered an minute order following the Management 12 Conference ordering the parties to confer and ultimately to 13 prepare and file a stipulation relating to the date for the 14 filing and briefing of a motion for clarification; adjusting 15 the existing briefing schedule for the filing and briefing of 16 the 17 parties; and setting the matter for another Case Management 18 Conference on a date beyond the proposed argument date for the 19 cross-motions. 20 at 21 hearing of the parties’ cross-motions for summary judgment and 22 assess what might be the most efficient manner of resolving 23 those remaining issues. cross-motions what issues for summary judgment contemplated by the This would allow the Court to take another look (if any) remained for resolution after the 24 25 The parties have met and conferred as ordered and have 26 stipulated to the following (subject to the Court’s alteration 27 of the proposed schedule for its own convenience): 28 2 Z:\Legacy Transportation\Stipulation re clarification.doc STIPULATION RE CLARIFICATION MOITON CASE NO. C 10-00505 JSW Case3:10-cv-00505-JSW Document91 Filed05/24/11 Page3 of 6 1 2 1. Plaintiffs shall file their opening brief seeking 3 clarification of the meaning and import of the Court’s 4 earlier orders on June 10, 2011. 5 6 7 8 2. Defendant, Legacy, will file its “opposition” brief on June 20, 2011. 3. Plaintiffs will file their reply brief one week later on June 27, 2011. argument was deemed necessary) would be set for Friday, 11 www.tradeandcargo.com 4. The hearing on the Motion for Clarification (if the oral 10 ROBERTS & KEHAGIARAS LLP 9 July 8, 2011 at 9:00 am in Courtroom 11. 12 5. For the purpose of the following dates, it is presumed 13 that 14 Clarification 15 2011. 16 the Court’s decision/order would be issued on on the Motion or before July for 15, 6. The parties’ opening briefs on their cross-motions for 17 summary judgment will be filed on August 1, 2011. 18 7. Briefs in opposition will be due on August 15, 2011. 19 8. Reply briefs will be due on August 22, 2011. 20 9. The cross-motions will be heard on Friday, September 2, 21 22 2011 or on another date convenient to this Court. 10. The trial date presently on calendar would be 23 maintained; however, alteration of those dates will be 24 considered at the subsequently scheduled Case Management 25 Conference proposed for September 16, 2011. 26 27 28 The parties also believe that the case can be most efficiently resolved through the procedure they have agreed to 3 Z:\Legacy Transportation\Stipulation re clarification.doc STIPULATION RE CLARIFICATION MOITON CASE NO. C 10-00505 JSW Case3:10-cv-00505-JSW Document91 Filed05/24/11 Page4 of 6 1 and herein propose to the Court. The parties have made one 2 prior request for rescheduling, and respectfully request that 3 the Court consider this stipulation to give the parties the 4 best chance of resolving this case without the need for an 5 expensive and time consuming trial. 6 7 DATED: May 23, 2011 ROBERTS & KEHAGIARAS LLP 8 By:__/s/-George Hassapis_______ GEORGE HASAPIS, ESQ. Attorneys for Plaintiffs TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA and TOMOTHERAPY INCORPORATED 9 11 www.tradeandcargo.com ROBERTS & KEHAGIARAS LLP 10 12 13 14 DATED: May 23, 2011 HIGGS, FLETCHER & MACK LLP 15 16 By:__/s/ - George Hassapis* _ PETER S. DOODY, ESQ. Attorneys for Defendant and Third-Party Plaintiff LEGACY TRANSPORTATION SERVICES, INC *Signed per written authority 17 18 19 20 21 22 23 24 25 26 27 28 4 Z:\Legacy Transportation\Stipulation re clarification.doc STIPULATION RE CLARIFICATION MOITON CASE NO. C 10-00505 JSW Case3:10-cv-00505-JSW Document91 1 Filed05/24/11 Page5 of 6 ORDER 2 3 4 Pursuant to the stipulation of the parties and good cause appearing therefor, 5 6 7 IT IS HEREBY ORDERED that the following dates in the captioned matter are scheduled as follows: 8 9 _____June 10, 2011_________ Opening brief/Clarification motion _____June 20, 2011_________ Opposition/Clarification motion _____June 27, 2011_________ Reply Brief/Clarification motion _July 08, 2011 at 9:00 AM__ Clarification Motion hearing date 8 _____August 01, 2011_______ Opening summary judgment briefs 19 _____August 15, 2011 ______ Opposition Briefs/Summary Judgment 26 _____August 22, 2011_______ Reply Briefs/Summary Judgment 11 www.tradeandcargo.com ROBERTS & KEHAGIARAS LLP 10 12 13 14 15 16 17 18 19 20 21 22 23 09 _September 02, 2011 at 9:00 AM Motion hearing date 24 25 26 _September 16, 2011 at 1:30 PM Further status conference shall be set, if necessary, within the order on the motion for summary judgment. 27 The pretrial and trial dates shall remain unchanged; however, 28 if it appears at the further status conference that the case 5 Z:\Legacy Transportation\Stipulation re clarification.doc STIPULATION RE CLARIFICATION MOITON CASE NO. C 10-00505 JSW Case3:10-cv-00505-JSW Document91 Filed05/24/11 Page6 of 6 1 would benefit from the continuance of the pretrial and trial 2 dates, the Court will consider entering an appropriate order at 3 that time. 4 5 DATED: May 25 2011 __, 6 __________________________________ 7 HONORABLE JEFFREY S. WHITE Judge, United States District Court 8 9 11 www.tradeandcargo.com ROBERTS & KEHAGIARAS LLP 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6 Z:\Legacy Transportation\Stipulation re clarification.doc STIPULATION RE CLARIFICATION MOITON CASE NO. C 10-00505 JSW
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