STIPULATION AND ORDER TO STAY IN ADVANCE OF TRIAL OF RELATED STATE COURT PROCEEDING

TROY L. NUNLEY, District Judge.

WHEREAS, on or about March 14, 2014, Hector Sanchez, filed a personal injury complaint in the Superior Court of California, County of Yolo, against ADAMS GROUP, INC. and ADAMS GRAIN CO. (collectively "Adams") captioned Hector Sanchez v. Adams Grain Co. and Adams Group, Inc., et. al, Case No. PO14-446, alleging causes of action for Negligence, Negligence Per Se, Negligent Supervision, Negligent Retention, Premises Liability, Negligent Exercise of Retained Control, Products Liability-Strict Liability, Products Liability-Negligence and Intentional Infliction of Emotional Distress (hereinafter "Underlying Action.").

WHEREAS, NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. ("National Union") retained counsel to defend Adams in the Underlying Action;

WHEREAS, ZURICH AMERICAN INSURANCE COMPANY, which asserts that it is the successor-in-interest to NORTHERN INSURANCE COMPANY OF NEW YORK, (collectively "Northern") was tendered Adams's defense and indemnification in the Underlying Action and has declined an obligation to defend and indemnify Adams;

WHEREAS, trial of the Underlying Action is scheduled for October 11, 2016;

WHEREAS, this matter seeks declaratory relief as to Northern's obligation to defend and indemnify Adams in the Underlying Action, among other things;

WHEREAS, further development of facts and application of law are underway in connection with the Underlying Action that may bear on the necessary discovery and overall disposition of this matter, which once further developed are likely to serve the interests of judicial economy and administrative efficiency in this matter; and

WHEREAS, Northern and National Union each previously received a 28-day extension of time to file and serve their response to the complaint in this action;

THEREFORE, Adams, Northern and National Union hereby agree and stipulate to stay this matter such that the deadline for Northern and National Union to file and serve their respective responses to the complaint in this action is extended to October 11, 2016.

ORDER

The parties having so stipulated and agreed, it is hereby SO ORDERED. The above-referenced case is hereby stayed such that the deadline for Northern and National Union to file and serve their respective responses to the complaint in this action is extended to October 11, 2016.