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BIRD v. KEEFE KAPLAN MARITIME, INC., 3:14-cv-03277-MEJ. (2015)

Court: District Court, N.D. California Number: infdco20150218917 Visitors: 14
Filed: Feb. 17, 2015
Latest Update: Feb. 17, 2015
Summary: JOINT SUPPLEMENTAL BRIEF RE: MOTION TO COMPEL JOINDER AND MOTION TO CONTINUE AND ORDER GRANTING CONTINUANCE MARIA-ELENA JAMES, Magistrate Judge. I. INTRODUCTION On January 29, 2015, the Court ordered the parties to confer and file a joint report on the identity and citizenship of all Underwriters and Names at Lloyd's of London Subscribing through Premier Marine Insurance Group (USA) ("Underwriters")—Plaintiff's insurers—to determine whether joining the Underwriters as parties to this lawsuit
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JOINT SUPPLEMENTAL BRIEF RE: MOTION TO COMPEL JOINDER AND MOTION TO CONTINUE AND ORDER GRANTING CONTINUANCE

MARIA-ELENA JAMES, Magistrate Judge.

I. INTRODUCTION

On January 29, 2015, the Court ordered the parties to confer and file a joint report on the identity and citizenship of all Underwriters and Names at Lloyd's of London Subscribing through Premier Marine Insurance Group (USA) ("Underwriters")—Plaintiff's insurers—to determine whether joining the Underwriters as parties to this lawsuit would destroy the Court's diversity jurisdiction. Dkt. 25. Underwriters' counsel identified today that two Underwriters were California residents during the relevant policy period.

Plaintiff conferred with counsel for Keefe Kaplan Maritime, Inc.'s ("KKMI"), and we jointly request in the Court permit an additional time to prepare a joint report so that the parties are able to research the applicable time period to measure the Underwriters' residency for determining whether diversity exists.

II. FACTUAL STATEMENT

On Monday, February 9, 2015, Plaintiff's counsel and counsel for KKMI conferred via telephone regarding the status and procedure to obtain the information requested by the Court. The parties discussed that Premier's counsel, Christopher Nicoll, is the best resource to determine the identities and citizenships of each Underwriter. At that time, Plaintiff's counsel had already contacted Mr. Nicoll to obtain the requested information. Today Mr. Nicoll provided a declaration regarding his progress. It is filed contemporaneously with this brief. Mr. Nicoll believes that no Underwriters reside in California as of today's date. Declaration of Christopher Nicoll ¶ 5. We do know, however, that two of the Underwriters were residents of California during the applicable policy period. Id.

III. MOTION TO CONTINUE

Because Plaintiff received Mr. Nicoll's declaration today, the same date the Court requested a joint report from counsel, the parties have been unable to fully research the proper time period when diversity is established for jurisdictional purposes.

The parties request that the Court permit the parties to provide a joint report or additional briefing no later than February 19, 2015, so that the parties have time to research and provide supplemental briefing regarding the applicable time period in which diversity is established for jurisdictional purposes.

IV. ORDER

Good cause appearing, the parties' time in which to file a joint report or supplemental briefing pursuant to the Court's January 29, 2015 Order (Docket No. 25) is extended up to and including February 19, 2015.

IT IS SO ORDERED.

Source:  Leagle

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