JOINT CASE MANAGEMENT STATEMENT & [PROPOSED] ORDER RESTTING CMC

EDWARD M. CHEN, District Judge.

The parties to the above-entitled related actions jointly submit this JOINT CASE MANAGEMENT STATEMENT & PROPOSED ORDER pursuant to the Standing Order for All Judges of the Northern District of California dated July 1, 2011 and Civil Local Rule 16-9. These above-captioned insurance coverage actions (the "Arch action" and the "Platte River action;" collectively, the "Platte River/Arch Action") are currently stayed pursuant to the Court's August 16, 2012 Order on the parties' Joint Stipulation Re: Stay of Action. The Platte River/Arch Action relates to insurance coverage for an underlying wrongful termination lawsuit against Dignity, entitled Chopourian v. Catholic Healthcare West, et al., United States District Court, Eastern District of California, Case No. 2:09-cv-02972-KJM-KJN (the "Chopourian lawsuit").

As the Court may recall, the parties had requested, and the Court granted, the Stay due to the fact that the even though a jury verdict had been reached in the Chopourian lawsuit against Dignity, Dignity was in the process of pursuing post-trial motions and, if necessary, an appeal of the judgment. Undersigned counsel for Dignity advises that Judge Kimberly J. Muller heard oral argument on Dignity's post-trial motions in the Chopourian lawsuit on October 25, 2012, and requested additional briefing from the parties, which was submitted on November 2, 2012.

Undersigned counsel for Dignity represents that on November 5, 2012, before Judge Muller ruled on the post-trial motions, the parties to the Chopourian action reached a settlement in principle in that lawsuit. Counsel for Dignity represents that the parties to the Chopourian action are now in the process of committing the settlement to writing. Counsel for Dignity represents that while the settlement is confidential, there are some material terms and conditions that need to be worked out between the parties, which they have 45 days to do. Thus, counsel for Dignity advises that, at this time, a settlement agreement has not yet been finalized and signed by all parties to the Chopourian action and that lawsuit remains pending and has not yet been dismissed.

Pursuant to the Stay in this action, the stay can be lifted through a stipulation by the parties, and approval by the Court. Alternatively, one party can seek to lift the stay upon 30 days notice. Neither method to lift the Stay has been implemented by the parties at this time. In light of this and the fact that, according to counsel for Dignity, the Chopourian settlement is still being finalized, the parties believe it is premature to address most of the issues in the Joint Case Management Statement, including (1) jurisdiction and service; (2) the factual and legal issues; (3) amendments to the pleadings; (4) the parties' Initial Disclosures; (5) discovery-related issues; (6) settlement; (7) whether the case is suitable to be resolved through another means; and (8) trial scheduling and trial issues.

As to the remaining issues, the parties herein respond as follows:

1. The parties are committed to preserving all evidence relevant to the Platte River/Arch Action;

2. The parties have declined to consent to proceed before a Magistrate Judge;

3. Certifications of Interested Parties have been submitted by the parties.

Based upon the above, the parties request a continuance of the Case Management Conference for 45 days.

However, nothing in this Statement precludes any party from seeking to lift the Stay at any time.

ORDER

Pursuant to the parties request above, the Case Management Conference is continued to January 17, 2013 at 9:00 a.m. in Courtroom 5.

IT IS SO ORDERED.