Filed: Oct. 02, 2014
Latest Update: Oct. 02, 2014
Summary: JOINT STIPULATION AND [PROPOSED] ORDER FOR CONTINUANCE OF MEDIATION DEADLINE AND FOR RESETTING OF HEARING ON MOTION TO DISMISS MAXINE M. CHESNEY, District Judge. WHEREAS, on August 1, 2014, pursuant to stipulation between Plaintiff and Counterdefendant Peerless Insurance Company ("Peerless") and Defendants and Counterclaimants Cleer Gear, LLC and Peter Tsou dba Cleer Gear and Counterclaimant Peter Tsou, individually (collectively, "Cleer Gear"), the Court ordered the mediation deadline is exte
Summary: JOINT STIPULATION AND [PROPOSED] ORDER FOR CONTINUANCE OF MEDIATION DEADLINE AND FOR RESETTING OF HEARING ON MOTION TO DISMISS MAXINE M. CHESNEY, District Judge. WHEREAS, on August 1, 2014, pursuant to stipulation between Plaintiff and Counterdefendant Peerless Insurance Company ("Peerless") and Defendants and Counterclaimants Cleer Gear, LLC and Peter Tsou dba Cleer Gear and Counterclaimant Peter Tsou, individually (collectively, "Cleer Gear"), the Court ordered the mediation deadline is exten..
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JOINT STIPULATION AND [PROPOSED] ORDER FOR CONTINUANCE OF MEDIATION DEADLINE AND FOR RESETTING OF HEARING ON MOTION TO DISMISS
MAXINE M. CHESNEY, District Judge.
WHEREAS, on August 1, 2014, pursuant to stipulation between Plaintiff and Counterdefendant Peerless Insurance Company ("Peerless") and Defendants and Counterclaimants Cleer Gear, LLC and Peter Tsou dba Cleer Gear and Counterclaimant Peter Tsou, individually (collectively, "Cleer Gear"), the Court ordered the mediation deadline is extended to August 28, 2014. (ECF No. 34.)
WHEREAS, Peerless and Cleer Gear had scheduled a mediation for August 28, 2014. WHEREAS, on August 27, 2014, the appointment of the mediator was vacated by the Court's ADR Program Staff. (ECF No. 40.)
WHEREAS, Cleer Gear filed a first amended counterclaim on August 6, 2014 (ECF No. 37), and thereafter effectuated service of the counterclaim on three Counterdefendants that had not been previously served in this matter.
WHEREAS, on September 17, 2014, Counterdefendant Irene Herman dba Irene C. Herman Insurance Services [erroneously sued as Irene Herman and Irene Herman Insurance Services] ("Herman") filed an answer to the first amended counterclaim. (ECF No. 48.)
WHEREAS, on September 22, 2014, Counterdefendants Golden Eagle Insurance Corporation ("Golden Eagle"), Liberty Mutual Group Inc. ("Liberty Mutual"), and Peerless filed a motion to dismiss the first amended counterclaim, which is currently set to be heard at 9:00 a.m. on October 31, 2014. (ECF No. 49.)
WHEREAS, the parties participated in an ADR Phone Conference on September 26, 2014 (ECF No. 47), and the parties to this stipulation now agree to continue the mediation deadline until December 12, 2014.
WHEREAS, Golden Eagle, Liberty Mutual, Peerless and Cleer Gear now agree to continue the hearing on Golden Eagle's, Liberty Mutual's and Peerless' motion to dismiss, as well as the opposition and reply deadlines on such motion, so as to occur after the mediation, and that the hearing be reset to January 30, 2015.
WHEREAS, by entering into this stipulation, the parties do not waive any claims or defenses.
STIPULATION
NOW THEREFORE, it is agreed and stipulated that:
The mediation deadline is extended to December 12, 2014.
The hearing for Golden Eagle's, Liberty Mutual's and Peerless' motion to dismiss is continued to January 30, 2015 at 9:00 a.m. The opposition to the motion is due on January 9, 2015. The reply is due on January 16, 2015.
IT IS SO AGREED AND STIPULATED.
PURSUANT TO STIPULATION, IT IS ORDERED that:
The mediation deadline is extended to December 12, 2014.
The hearing for Golden Eagle's, Liberty Mutual's and Peerless' motion to dismiss is continued to January 30, 2015 at 9:00 a.m. The opposition to the motion is due on January 9, 2015. The reply is due on January 16, 2015.
