STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND ORDER Crtrm: 2

WILLIAM H. ORRICK, Judge.

WHEREAS, the parties previously stipulated, and this court entered an order, continuing the case management conference from October 15, 2013 to January 21, 2014 to allow the parties to further investigate the status of potential insurance coverage, to allow the plaintiffs to obtain an estimate of the investigation and remediation costs associated with the contamination at the property and to allow certain cross-defendants time to respond;

WHEREAS, certain parties jointly retained an insurance archaeologist to investigate the potential for insurance coverage. The investigation is ongoing, but information obtained by that research has resulted in additional tenders being made to insurance carriers, although responses from at least one carrier is still outstanding;

WHEREAS, the plaintiff's consultant conducted additional soil and groundwater investigation, is preparing a bid package to obtain bids for the proposed soil remediation and plans to obtain bids in or around February 2014;

WHEREAS, Thomas G. Palmer, Jr., who was recently added as a cross-defendant, filed his responsive pleading, a cross-complaint and counterclaim on January 8, 2014;

WHEREAS, the parties, except for Thomas G. Palmer, Jr., have complied with the Federal Rule of Civil Procedure Rule 26(a)(1) Initial Disclosure and Rule 26(f) meet and confer requirements;

WHEREAS, the undersigned parties agree that postponing the case management conference for approximately 90 days will allow additional time for further investigation into the availability of insurance coverage, the preparation of responsive pleadings and to obtain an estimate of future investigation and remediation costs, before the parties incur further litigation and discovery costs;

NOW, THEREFORE, IT IS HEREBY STIPULATED by and between the parties through their respective counsel that the Case Management Conference currently scheduled for January 21,2014 at 2 p.m. in Courtroom 2 of this Court may be continued with the Court's approval until a time after April 15, 2014 that is convenient to the Court.

It is, therefore, respectfully requested that the Court order this matter to be continued until after April 15, 2014 and that the ADR Conference, presently set for January 14, 2014, also be continued to a mutually agreeable date for the parties and the ADR Program Director.

ORDER

Having reviewed the parties' Stipulation, the requested further delay in holding the initial Case Management Conference is granted in part. The Case Management Conference in this matter currently scheduled for January 24, 2014 at 2:00 p.m. is continued until March 4, 2014 at 2 p.m. in Courtroom 2. The parties shall file a Joint Case Management Statement in accordance with the Local Rules on or before February 25, 2014. Further delay is not warranted.