Opinion
Max H. Stern, Jessica E. La Londe, DUANE MORRIS LLP, San Francisco, CA, Attorneys for Defendant INDIAN HARBOR INSURANCE COMPANY.
HANSON BRIDGETT LLP, Miles C. Holden, Candice P. Shih, Attorneys for Plaintiff, A. TEICHERT & SON, INC. dba TEICHERT, CONSTRUCTION.
STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT, CONFER, AND SUBMIT JOINT STATUS REPORT; ORDER THEREON
MORRISON C. ENGLAND, Jr., Chief District Judge.
Plaintiff A. TEICHERT & SON, INC. dba TEICHERT CONSTRUCTION ("Teichert") and Defendant INDIAN HARBOR INSURANCE COMPANY ("Indian Harbor"), collectively, "the Parties, " submit this Stipulation To Extend Time To Respond To Complaint, Confer, and Submit Joint Status Report and [Proposed] Order.
WHEREAS, Teichert filed a complaint against Indian Harbor on July 17, 2015, which complaint concerns insurance coverage (and related issues) arising out of a claim made by the California Department of Transportation ("Caltrans") against Teichert;
WHEREAS, Teichert served its complaint on Indian Harbor on July 22, 2015;
WHEREAS, on August 3, 2015 the Parties requested a 37-day extension of time for Indian Harbor to file and serve a response to the complaint [Doc. No. 6], which request the Court granted;
WHEREAS, pursuant to the Court's August 4, 2015 Order [Doc. No. 7], Indian Harbor's response to this complaint is currently due on September 18, 2015;
WHEREAS, the parties' Fed.R.Civ.P. 26(f) conference and Joint Status Report are currently due on September 21, 2015, pursuant to the Order Requiring Joint Status Report [Doc. No. 3], which requires the parties to conduct their Fed.R.Civ.P. 26(f) conference and file a Joint Status Report within 60 days of service of the complaint (¶ 4);
WHEREAS, a mediation was held on September 4, 2015, attended by Caltrans, Teichert, and Indian Harbor, but which did not resolve any claims;
WHEREAS, a further mediation is scheduled for September 28, 2015 that may resolve Caltrans' claim against Teichert, as well as the disputes that are the subject of this action; and
WHEREAS, the Parties wish to avoid incurring expenses in this litigation if they are able to resolve their disputes in the short term in conjunction with the continued mediation on September 28.
Based on the foregoing, IT IS HEREBY STIPULATED AND AGREED by and between the Parties, as follows:
1. Indian Harbor's time to answer or otherwise respond to Teichert's complaint is extended up to and including October 12, 2015; and
2. The Parties' deadline to conduct their Fed.R.Civ.P. 26(f) conference and submit a Joint Status Report is extended up to and including October 12, 2015.
IT IS SO STIPULATED AND AGREED.
IT IS SO ORDERED.