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STIPULATION AND [PROPOSED] ORDER EXTENDING DISPOSITIVE MOTION HEARING PRETRIAL AND TRIAL DATES . - 

MICHAEL C. PHILLIPS APC (Bar No. 48473)

LISA L. COPLEN (Bar No. 142726)

BIANCA A. POINDEXTER (Bar No. 216192)

ANDERSON, McPHARLIN & CONNERS LLP

Thirty-first Floor

444 South Flower Street

Los Angeles, California 90071-2901

TELEPHONE (213) 688-0080 Ë FACSIMILE (213) 622-7594

Attorneys for Defendant WESTCHESTER FIRE INSURANCE COMPANY

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

INDIAN HARVEST SPECIALTIFOODS,

INC.,

Plaintiff,

vs.

WESTCHESTER FIRE INSURANCE

COMPANY,

Defendant.

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Case No. CIV.S-04-1055FCD(KJM)

STIPULATION AND ORDER EXTENDING

DISPOSITIVE MOTION HEARING DATE

CUTOFF, FINAL PRETRIAL

CONFERENCE AND TRIAL DATES

“AS MODIFIED”

Trial Date: 9/12/2005

Discovery Cutoff: 3/14/05

Motion Cutoff: 5/13/05

TO THE COURT, ALL PARTIES AND THEIR ATTORNEYS OF

RECORD:

The parties hereto, through their respective attorneys of record, hereby stipulate that the

dispositive motion hearing date cutoff in this action, currently set for May 13, 2005, be extended

to and including July 22, 2005, and respectfully request that the Court enter its order in this

regard. Good cause exists for the requested extension on the grounds that deposition discovery

recently was completed in this action and copies of the last transcripts, which are out to the

deponents for signature, were received at the end of last week.

Based upon the completion of discovery, and the issues presented, the parties agree that

proceeding by way of cross-motions for summary judgment, or partial summary judgment, would

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STIPULATION AND [PROPOSED] ORDER EXTENDING DISPOSITIVE MOTION HEARING PRETRIAL AND TRIAL DATES . - 

be the most efficient and cost-effective way to proceed in this action. The interpretation of the

insurance policy at issue and potential resolution by the Court of the coverage issues presented by

such cross-motions should, in large part, lead to the ultimate conclusion of this action. This is

especially so in light of the parties' prior stipulation that, if liability under the policy is found, the

amount of damages, if any, will be determined by an independent accounting expert jointly

selected and retained by the parties.

The parties will only be able to proceed in this fashion, and conserve valuable judicial

resources, if the current May 13, 2005 dispositive motion hearing cutoff date briefly is continued

to and including July 22, 2005 to allow the parties a short period of time prepare, file and serve

their cross-motions while still giving the 31 days notice required for such motions by Local Rule

78-230(b). In this regard, the parties further stipulate that their cross-motions, and all supporting

documents and evidence, will be filed and served electronically on June 15, 2005 and set for

hearing on July 22, 2005 (or such other later date that is convenient for the Court's calendar,

assuming an appropriate extension of the cutoff date is granted). 

Opposition and reply briefs shall be filed and served electronically pursuant to the time periods set

forth in Local Rule 78-230(c) and (d).

The parties further respectfully request that the current July 8, 2005 Final Pretrial

Conference date (and the related joint pretrial statement filing date) and the current September 12,

2005 trial date, be continued for a like period of time to save the parties, and the Court, the

significant time and expense involved in pretrial and trial preparation until such time, if ever, that

such preparation becomes necessary, and the issues focused, after the cross-motions have been

decided. The parties respectfully suggest a continued date of August 26, 2005 for the Final Pretrial

Conference (with the related joint pretrial statement to be filed one week before) and a continued

trial date of November 7, 2005 (as trial counsel for defendants currently has trials in two other

matters scheduled to commence in October , 2005).

As further grounds for a continuance of the trial date, plaintiff is a wild rice processing

company, and operates 24 hours a day, 7 days per week during the harvest/processing season. This

season begins about August 15 and ends about October 15. At the time the original Joint

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STIPULATION AND [PROPOSED] ORDER EXTENDING DISPOSITIVE MOTION HEARING PRETRIAL AND TRIAL DATES . - 

Statement was submitted, neither party considered the impact a September 12, 2005 trial date

would have on the operations of the plaintiff, and plaintiff therefore requests a continuance of the

trial date on this additional ground.

Based upon all of the foregoing, and given the recent receipt of the final deposition

transcripts in this action, good cause exists for the brief extension of the dispositive motion cutoff,

Final Pretrial Conference and trial dates requested herein to allow the parties to file and serve

cross-motions on the coverage issues presented in an effort to save time, expense and valuable

judicial resources. No prejudice will inure to the parties, and they are informed and believe that

none will inure to the Court, as a result of the requested extensions given that this matter consists

largely, if not exclusively, of insurance coverage issues which would appear appropriate for

resolution as a matter of law and given the parties' agreement to have damages, if any, determined

by an independent accounting expert selected and retained jointly by them. This is the first

extension of the dispositive motion cutoff date, and/or the Final Pretrial Conference and trial dates,

requested by the parties to this action.

DATED: May ___, 2005 ANDERSON, McPHARLIN & CONNERS LLP

By:

Michael C. Phillips

Lisa L. Coplen

Attorneys for Defendant WESTCHESTER FIRE

INSURANCE COMPANY

Case 2:04-cv-01055-FCD-KJM Document 12 Filed 05/16/05 Page 3 of 4
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THIRTY-FIRST FLOOR444 SOUTH FLOWER STREETLOS ANGELES, CALIFORNIA 90071-2901TELEP HO N E213688-0080ËFA C SIM ILE213622-7594

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STIPULATION AND [PROPOSED] ORDER EXTENDING DISPOSITIVE MOTION HEARING PRETRIAL AND TRIAL DATES . - 

DATED: May ___, 2005 ROBINS, KAPLAN, MILLER & CIRESI LLP

By:

DAVID E. BLAND

DAVID S. LEVY

Attorneys for Plaintiff INDIAN HARVEST

SPECIALTIFOODS, INC.

Based upon the foregoing stipulation, and good cause appearing, IT IS HEREBY ORDERED

that the dispositive motion cutoff date in this action is extended from May 13, 2005 to July 22, 2005.

The parties are reminded that July 22, 2005 is the last date in which all dispositive motions can be set

for hearing. The parties are ordered to comply with Local Rule 78-230 for the filing of all dispositive

motions. 

IT IS FURTHER ORDERED that the July 8, 2005 Final Pretrial Conference date is hereby

vacated and that the Final Pretrial Conference is RESET to 2:30 p.m. on September 23, 2005. A

joint pretrial statement shall be filed no later than September 16, 2005.

IT IS FURTHER ORDERED that the September 12, 2005 trial date is hereby vacated and

RESET to 9:00 a.m. on November 29, 2005.

DATED: May 16, 2005

/s/ Frank C. Damrell Jr. 

FRANK C . DAMRELL JR.

US District Judge 

Case 2:04-cv-01055-FCD-KJM Document 12 Filed 05/16/05 Page 4 of 4