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1080 Marsh Road, Suite 110

Menlo Park, C

A 94025

(650) 618-3500

KEVIN G. MCCURDY (SBN 115083) 

MCCURDY & FULLER LLP 

1080 Marsh Road, Suite 110 

Menlo Park, California 94025 

Telephone: (650) 618-3500 

Facsimile: (650) 618-3599 

Attorneys for Defendant 

LIBERTY MUTUAL INSURANCE COMPANY 

UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF CALIFORNIA 

SACRAMENTO DIVISION 

TRANSPORT INTERNATIONAL POOL, 

INC., 

Plaintiff, 

v. 

LIBERTY MUTUAL INSURANCE 

COMPANY, and DOES 1 through 100, 

inclusive, 

Defendants. 

CASE NO.: CIV. S-04-2689 MCE JFM 

STIPULATION AND ORDER 

CONTINUING PRE-TRIAL DISCOVERY 

CUT OFF 

STIPULATION

1. By virtue of this action, plaintiff Transport International Pool, Inc. (“Transport”) 

seeks a declaration from this Court that defendant Liberty Mutual Insurance Company (“Liberty 

Mutual”) has an obligation to defend and indemnify Transport on a policy issued by Liberty 

Mutual to named insured Aequipso Inc. dba ATS (“ATS policy”). Liberty Mutual believes that 

this matter can be resolved by virtue of a ruling, on summary judgment, regarding whether the 

plaintiff is an insured on the ATS policy. 

2. On October 12, 2005, Liberty Mutual’s counsel contacted Transport’s counsel to 

discuss the motion for summary judgment and other matters, including discovery. During this 

Case 2:04-cv-02689-MCE -JFM Document 12 Filed 11/03/05 Page 1 of 4
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1080 Marsh Road, Suite 110

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(650) 618-3500

discussion, Transport’s counsel advised that, based upon information recently obtained in the 

underlying action, Transport may be inclined to simply dismiss the present action in its entirety. 

Prior to doing so, Transport wishes to: (1) obtain additional documents from Liberty Mutual 

(which have subsequently been provided to counsel); and (2) subpoena the broker’s file related to 

the ATS policy to confirm that the documents provided by Liberty Mutual contained all pertinent 

documents. Transport’s counsel indicated that he believed he could obtain this information and 

determine whether to dismiss this action by December 2005. 

3. In order to save the parties’ from incurring unnecessary costs, and to avoid wasting 

this Court’s time and resources, Transport’s counsel suggested that Liberty Mutual refrain from 

filing its motion for summary judgment and from conducting further discovery prior to December 

2005. Liberty Mutual’s counsel agreed to do so only in the event that Transport’s counsel agreed, 

and this Court ordered, to extend the close of discovery through the end of April of 2006. 

4. As outlined above, the parties desire to affect a speedy and efficient resolution of 

this matter. Moreover, the parties believe that after a period of sixty days, during which Transport 

will obtain the records it needs to evaluate this issue, Transport will be in the position to determine 

whether this matter should be dismissed or whether it should proceed. 

5. Accordingly, in order to avoid prejudice during this period, the parties agree to 

extend the last day to complete discovery, scheduled by this court to occur on December 13, 2005, 

to April 28, 2006. 

IT IS SO STIPULATED. 

Dated: October 20, 2005 BARRY, UBALDI, MCPHERSON & FLESHER 

 By: ________/S/_____________________ 

 DENNIS McPHERSON 

 Attorneys for Plaintiff 

 TRANSPORT INTERNATIONAL POOL, 

 INC. 

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1080 Marsh Road, Suite 110

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(650) 618-3500

Dated: October 21, 2005 McCURDY & FULLER LLP 

 By: _______/S/______________________

 KEVIN G. McCURDY 

 Attorneys for Defendant Complainant 

 LIBERTY MUTUAL INSURANCE 

 COMPANY 

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ORDER

In consideration of the stipulation of the parties, it is hereby ORDERED that the last day to 

complete discovery, scheduled by this court to occur on December 13, 2005, is extended to April 

28, 2006. 

IT IS SO ORDERED. 

DATED: November 2, 2005 

__________________________________ 

MORRISON C. ENGLAND, JR 

UNITED STATES DISTRICT JUDGE 

 

Case 2:04-cv-02689-MCE -JFM Document 12 Filed 11/03/05 Page 4 of 4