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12-2182 - Lennar Mare Island, LLC v. Steadfast Insurance Company


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12-2182 - Lennar Mare Island, LLC v. Steadfast Insurance Company
January 17, 2013
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ORDER signed by Judge Kimberly J. Mueller on 1/16/2013 ALLOWING Plaintiff to file the "First Amended Complaint for Damages, Punitive Damages and Declaratory Relief", with such filing effective 1/14/2013; ALLOWING Defendant's 4 Answer to stand or, in the alternative, ALLOWING Defendant to file a separate Answer to the First Amended Complaint. (Michel, G)
January 29, 2013
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STATUS ORDER signed by Judge Kimberly J. Mueller on 1/28/2013 ORDERING that a further status is set for 4/18/2013 at 02:30 PM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. (Zignago, K.)
September 19, 2013
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STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 9/18/2013 ORDERING that the hearing date for the 43 Motion is CONTINUED to 11/21/2013 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. (Zignago, K.)
October 31, 2013
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ORDER signed by Magistrate Judge Kendall J. Newman on 10/31/13 ORDERING that the parties ar to continue to meet and confer in good faith in efforts to resolve the pending discovery disagreement. The parties are to file, no later than 11/14/2013 either: A Joint Statement re Discovery Disagreement consistent with the requirements of Local Rule 251(c), or A statement listing the parties' good faith efforts to meet and confer (including efforts to meet and confer specifically regarding preparing the Joint Statement), the dates and times of such efforts, and the reasons why such good faith efforts were unsuccessful. (Mena-Sanchez, L)
November 25, 2013
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ORDER signed by Magistrate Judge Kendall J. Newman on 11/25/2013 GRANTING and DENYING in part, without prejudice, Steadfast's 43 44 66 Motions for Relief from Presumptive Discovery Limits for Depositions. Parties shall appear telephonically at 10:00 AM Hearing set for 12/20/2013. A three-page Joint Statement shall be submitted by 12/18/2013. (Marciel, M)
December 16, 2013
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ORDER signed by Judge Kimberly J. Mueller on 12/16/2013 DENYING 41 Plaintiff's Motion to Sever. (Donati, J)
December 23, 2013
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ORDER signed by Magistrate Judge Kendall J. Newman on 12/23/13 ORDERING that the following depositions have been mutually agreed upon by the parties. (Becknal, R)
February 28, 2014
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ORDER signed by Judge Kimberly J. Mueller on 2/27/14 ORDERING that LMI's 51 motion for partial summary judgment is denied without prejudice to renewal following a reasonable period of time for Steadfast's conduct of the discovery identified in opposition to the motion. (Kastilahn, A)
April 7, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 4/7/14 ORDERING that LMI's 93 motion to compel is DENIED without prejudice to a later renewal. Within 14 days of this order, Steadfast shall produce the documents listed in this Order. The parties shall continue to engage in further meet and confer efforts regarding the documents at issue LMI's motion to compel. Steadfast's 94 motion to compel is GRANTED in part and DENIED in part without prejudice to a future motion to compel. Within 21 days of this order, LMI shall produce the documents listed in this Order. (Kastilahn, A)
April 25, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 4/25/2014 DENYING the parties' request for an informal telephonic conference. (Michel, G)
May 15, 2014
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ORDER signed by Judge Kimberly J. Mueller on 5/15/2014 ORDERING 96 Motion for Reconsideration is DENIED. (Waggoner, D)
August 22, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 8/22/2014 ORDERING 134 Request filed by CH2M Hill Constructors, Inc. is GRANTED; Counsel for Counterdefendant and Counterclaimant CH2M HILL Constructors shall be allowed to appear telephonically at the motion to compel hearing scheduled for August 28, 2014 at 10:00 a.m.(Waggoner, D)
August 26, 2014
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ORDER granting 136 Request to appear by telephone at the hearing on Motion To Compel Production of Documents signed by Magistrate Judge Kendall J. Newman on 8/25/14. (Kaminski, H)
September 8, 2014
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STIPULATED CONFIDENTIALITY AGREEMENT AND ORDER signed by Magistrate Judge Kendall J. Newman on 9/8/14. (Mena-Sanchez, L)
September 10, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 9/9/2014 GRANTING CH2M Hill Constructors' 141 Request to Appear Telephonically at the 9/18/2014 hearing. (Donati, J)
September 24, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 9/24/2014 ORDERING the parties to meet in person, discuss the documents identified in the 124 Motion to Compel, and file a subsequent joint status report within 21 days; DENYING the 124 Motion to Compel without prejudice to later renewal. (Michel, G)
March 31, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 3/31/2015 GRANTING the 259 Request of Counterdefendant and Counterclaimant CH2M HILL Constructors, Inc. that its counsel be allowed to appear telephonically at the motion to compel hearing scheduled for 4/2/2015, at 9:00 a.m. (Zignago, K.)
April 7, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 4/7/15 ORDERING that LMI's 234, 235 motions to compel are DENIED without prejudice. Steadfast's 247 motion to compel is DENIED without prejudice. Steadfast's 248 motion to compel is GRANTED in PART and DENIED in PART. LMI is directed to produce to Steadfast by no later than 5:00 p.m. on 4/13/15, any written agreement or agreements it has entered into with the Navy that establish that the Navy is assisting LMI in its payment of attorneys' fees in this litigation and that the Navy is entitled to reimbursement for some or all of the attorneys' fees for which it is paying. With respect to any future motions to compel, the moving party shall file a declaration by its counsel accompanying its motion that details the parties in-person meet and confer efforts, what was accomplished through those efforts, and any other information regarding the meet and confer conference that counsel believes should be brought to the court's attention. Failure to file such a declaration will result in a summary denial of the motion. (Kastilahn, A)
April 7, 2015
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ORDER signed by Judge Kimberly J. Mueller on 4/7/15 ORDERING that CCI's MOTION to Disqualify Hogan Lovells 180 is GRANTED. All pending dates and deadlines are VACATED. A Status Conference is SET for 4/30/2015 at 02:30 PM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. The parties shall file a joint status report proposing a new schedule for the balance of the case no later than seven days before the status conference.(Mena-Sanchez, L)
August 7, 2015
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STIPULATION and ORDER RE: TRANSITION AND TRANSFER OF WORK PRODUCT signed by Judge Kimberly J. Mueller on 8/7/2015. After the transition is complete, Hogan Lovells, Sinnott Puebla and Quinn Emanuel will submit written certification under penalty of perjury to the Court that they complied with the terms of this stipulation throughout the transfer process. (Zignago, K.)
August 14, 2015
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ORDER signed by Judge Kimberly J. Mueller on 8/14/2015 ORDERING that Steadfast is GRANTED leave to file a supplemental brief to address the following: (1) Under California law, is an ambiguous contract term a prerequisite to admission of extrinsic evidence of the contracting parties' course of performance? (2) Where in the briefing on file, if at all, has Steadfast cited to portions of the record to show there is a genuine dispute of material fact whether the parties' course of performance explained or supplemented the ELI policy's definition of "Known Pollution Condition"? Steadfast's supplemental brief, which may not exceed ten pages, shall be filed within fourteen days. LMI is GRANTED leave to file a supplemental reply, no longer than ten pages, within fourteen days of Steadfast's filing of any supplemental brief. (Zignago, K.)
August 17, 2015
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unterclaim (ECF No. 164-1) filed; ORDERING that a motion to dismiss the counterclaim be filed by 9/4/2015 and noticed for hearing on the court's civil law and motion calendar on 9/25/2015; ORDERING that oppositions be filed by 9/16/2015; ORDERING that any replies be filed by 9/22/2015. (Michel, G.)ORDER signed by Judge Kimberly J. Mueller on 8/17/2015 GRANTING 161 Motion to Amend the Counterclaim; RESOLVING 161 Motion to Amend the Counterclaim, 257 Request for Permission to file a Supplemental Declaration; DEEMING the Proposed Amended Co
October 16, 2015
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ORDER signed by Judge Kimberly J. Mueller on 10/16/2015 GRANTING-IN-PART 293 and 297 Motions to Dismiss. LMIs motion to dismiss under Rule 12(b)(7) and CCIs motion to strike the prayer under Rule 19 are DENIED. Steadfasts counterclaim for breach of contract is DISMISSED with prejudice andwithout leave to amend, but Steadfast is GRANTED leave to amend to allege a claim for breach of the implied covenant of good faith and fair dealing. As stipulated, Steadfasts counterclaim for negligence is DISMISSED with prejudiceand without leave to amend. Steadfasts counterclaim for intentional interference with contractual relations is DISMISSED with prejudice and without leave to amend. In all other respects, the counterclaim is DISMISSED with leave to amend. Any second amended counterclaim must be filed within fourteen days of the date this order is filed.(Donati, J)
February 23, 2016
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RELATED CASE ORDER signed by District Judge Kimberly J. Mueller on 2/22/16 relating this action with member case 2:16-cv-00291-KJM-CKD. (Kaminski, H)
March 3, 2016
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ORDER granting in part and denying in part 318, 322 Motions to Dismiss signed by District Judge Kimberly J. Mueller on 3/2/16. (Kaminski, H)
March 31, 2016
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ORDER signed by District Judge Kimberly J. Mueller on 3/31/2016 GRANTING-IN-PART LMI's Motions for Summary Judgment. This order resolves 160 and 186. Miller Declaration appears not to have been filed in CM/ECF, but was included in the courtesy copies sent to the court by mail. A copy is filed concurrently with this order. (Donati, J)
June 8, 2016
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ORDER signed by District Judge Kimberly J. Mueller on 06/08/16 ORDERING that this order shall be filed in both 2:16-cv-0291 KJM KJN and 2:12-cv-2182 KJM KJN; Steadfast's Motion to Dismiss is DENIED; the 06/23/16 Initial Scheduling Conference in 2:16-cv-0291 is VACATED and is RESET for 6/17/2016 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller to coincide with the hearing on the 359 Motion to Consolidate; by 06/13/16, the parties in Case No. 2:16-cv-0291 shall file a joint status report; in addition, by the same date, the parties in both cases shall file a joint report and address their respective positions on whether the scheduling order in Case No. 2:12-cv-2182 should be modified to allow the filing of an amended or supplemental complaint; the U.S. Navy's request to appear at the reset 06/17/16 status conference is GRANTED. (Benson, A)
June 14, 2016
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ORDER signed by District Judge Kimberly J. Mueller on 6/13/2016 GRANTING 370 Request by CH2M Hill Constructors, Inc., to Appear Telephonically at 6/17/2016 hearing. (Zignago, K.)
June 22, 2016
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ORDER signed by District Judge Kimberly J. Mueller on 6/22/2016 CLARIFYING the court's previous order that the stay of discovery was lifted on 3/31/2016. (Michel, G.)
October 6, 2016
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ORDER signed by District Judge Kimberly J. Mueller on 10/05/16 ORDERING that the U.S.'s 384 Motion to Intervene is GRANTED and limits the U.S.'s intervention to breach of contract and declaratory judgment claims arising out of the ELI insurance policy, under which the U.S. is an additional insured. The U.S. is ORDERED to file a separate complaint in intervention within 14 days. All initial disclosures related to the U.S.'s claims must be made within 30 days. (Benson, A)
November 2, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 11/2/2016 ORDERING The Court hereby GRANTS 403 the request of counsel for Plaintiff-Intervenor the United States of America to appear telephonically at the motion to quash hearing scheduled for 11/3/2016, at 10:00 AM. 393 (Reader, L)
November 2, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 11/2/2016 ORDERING The Court hereby GRANTS 404 the request of CH2M HILL Constructors, Inc., that its counsel be allowed to appear telephonically at the motion to quash hearing scheduled for 11/3/2016, at 10:00 AM. 393 (Reader, L) Modified on 11/2/2016 (Reader, L).
November 4, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 11/4/16 ORDERING that Steadfast's motions to quash 2:12-cv-2182 393; 2:16-cv-0291 39 are DENIED. Accordingly, the third party reinsurers shall produce documents responsive to the requests set forth in Lennars subpoenas within a reasonable timeframe. If a reinsurer subject to one of the subpoenas has any objections to the subpoena requests directed towards it, that reinsurer may file a properly noticed motion to quash or modify the subpoena on its own behalf. Any such motions should be filed as soon as reasonably possible; The courts April 7, 2015 order in 2:12-cv-2182 that the parties be required to meet in person to meet and confer re any discovery disputes in that action prior to filing a discovery motion 263 is VACATED. The parties may satisfy the meet and confer requirement telephonically or through other remote means prior to filing future discovery motions provided that such communications are not treated as a perfunctory exercise; This order resolves the motions to quash filed at ECF No. 393 in 2:12-cv-2182, and 39 in 2:16-cv-0291. (Becknal, R)
December 22, 2016
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STIPULATED CONFIDENTIALITY AGREEMENT signed by Magistrate Judge Kendall J. Newman on 12/22/2016. (Michel, G.)
January 18, 2017
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STIPULATION and ORDER re CONFIDENTIALITY AGREEMENT signed by Magistrate Judge Kendall J. Newman on 01/18/17. (Benson, A)
January 25, 2017
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ORDER signed by Magistrate Judge Kendall J. Newman on 1/25/2017 ORDERING that by no later than 1/26/2017 at 5:00 p.m., LMI shall file a brief statement regarding whether it opposes Steadfasts request to continue the 2/2/2017 hearing to 2/16/2017, and, if so, its reasons why Steadfasts request should be denied. If LMI does not oppose a continuance, but has a scheduling conflict with the courts proposed 2/16/2017 hearing date, it shall state as much and provide alternative dates for the continued hearing. If the court does not receive a response from LMI by the above deadline, it will continue the hearing date to 2/16/2017. (Donati, J)
February 17, 2017
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ORDER signed by Magistrate Judge Kendall J. Newman on 2/17/2017 GRANTING 438, 440 Motions to Compel; ORDERING Steadfast Insurance Company to produce to Lennar Mare Island, LLC by 04:00 PM on 3/3/2017, a declaration representing upon Steadfast's information and belief that it has produced every document that, as of that date, comprises the claims files Lennar seeks through its request for inspection numbers 37 and 124 and identifying, for each such claim file described in Lennar's requests, the produced documents that make up each such file by their Bates stamp numbers; GRANTING Lennar Mare Island, LLC's Request for attorneys' fees for the amount of $10,800.00. (Michel, G.)
March 22, 2017
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ORDER signed by Magistrate Judge Kendall J. Newman on 3/22/17 GRANTING the request of Plaintiff-Intervenor the United States of America to appear telephonically at the hearing scheduled for March 23, 2017, at 10:00 a.m. (Becknal, R)
March 22, 2017
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ORDER signed by Magistrate Judge Kendall J. Newman on 3/22/17 GRANTING the request of CH2M HILL Constructors, Inc. that its counsel be allowed to appear telephonically at the hearing scheduled for March 23, 2017, at 10:00 a.m.(Becknal, R)
March 24, 2017
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ORDER signed by Magistrate Judge Kendall J. Newman on 3/24/17 ORDERING that the discovery completion deadline in both actions is extended to 4/14/17, for the sole purpose of tentatively scheduling the depositions of Steve Hatch and John Mahoney. The current 4/7/17 discovery completion deadline remains in place in both actions for all other non-expert discovery, including the depositions of any other individuals. All other deadlines set forth in the operative pretrial scheduling order filed in both actions on 6/28/16, remain in effect; This order resolves the motion for a protective order filed at ECF No. 471 in Case No. 12-cv-2182, and ECF No. 102 in Case No. 2:16-cv-0291. (Becknal, R)
April 3, 2017
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ORDER signed by Magistrate Judge Kendall J. Newman on 4/3/2017 GRANTING 500 Request filed by United States to Appear Telephonically at the 4/6/2017 Hearing. (Donati, J)
April 4, 2017
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ORDER signed by Magistrate Judge Kendall J. Newman on 4/3/17. The Court hereby grants the request of LENNAR MARE ISLAND, LLC, that its counsel be allowed to appear telephonically at the hearing scheduled for 4/6/17, at 10:00 a.m. (Mena-Sanchez, L)
April 4, 2017
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ORDER signed by Magistrate Judge Kendall J. Newman on 4/3/17. The Court hereby grants the request of CH2M HILL Constructors, Inc. that its counsel be allowed to appear telephonically at the hearing scheduled for 4/6/17, at 10:00 a.m.(Mena-Sanchez, L)
April 7, 2017
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ORDER signed by Magistrate Judge Kendall J. Newman on 4/6/2017 GRANTING 477 Motion to Compel; GRANTING IN PART and DENYING IN PART 478 Motion to Compel; Steadfast's motion is GRANTED to the extent it seeks to compel Lennar to provide a further, substantive response to Interrogatory Number 11, but only insofar as that request seeks Lennar's contention in Paragraph 27 of the first amended complaint. Steadfast's motion is DENIED in all other respects. (Washington, S)
April 7, 2017
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ORDER signed by Magistrate Judge Kendall J. Newman on 4/7/17 ORDERING the parties have scheduled an informal discovery dispute call on Monday April 10, 2017, at 3:00 P.M., to discuss issues regarding the depositions of certain Steadfast witnesses. The parties' two page joint submission is due to the court by no later than 2:00 PM on Friday April 7, 2017. Pursuant to the stipulation of the parties, the court hereby extends the submission deadline until 12:00 PM on Monday April 10, 2017. (Becknal, R)
April 12, 2017
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ORDER signed by Magistrate Judge Kendall J. Newman on 4/12/2017 ALLOWING Plaintiff Lennar Mare Island, LLC to take the deposition of John Mahoney, currently set for 4/12/2017 at 09:00 AM; LIMITING the plaintiff to a total of three (3) consecutive hours in which to take said deposition; PROHIBITING the plaintiff from taking the deposition of Steve Hatch. (Michel, G.)
April 14, 2017
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ORDER signed by District Judge Kimberly J. Mueller on 4/14/2017 ORDERING: Designation of Expert Witnesses EXTENDED to 5/3/2017; Supplemental expert disclosure deadline EXTENDED to 5/12/2017; Completion of all expert discovery EXTENDED to 6/12/2017; All other dates contained in the pretrial order, including the trial date, shall remain in place.(Washington, S)
May 3, 2017
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STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 5/3/2017 ORDERING that the parties are only required to file expert written reports with the Court and may electronically submit to the Court and serve on the other parties any supporting documentation for those reports. The submission of any supporting documentation via USB thumb drive is acceptable to the Court. (Zignago, K.)
June 21, 2017
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STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 6/21/2017 ORDERING that the deposition of Expert Jeffrey Zelikson may proceed in San Francisco, California, during the week of 8/7/2017, on a date to be mutually agreed upon by the parties, and FURTHER ORDERS that the deposition Valerie Lee will occur on 6/23/2017, in San Francisco, California. All other deadlines, including the 10/16/2017 trial date, are unchanged. (Zignago, K.)
June 22, 2017
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ORDER signed by District Judge Kimberly J. Mueller on 6/21/2017 ORDERING that this consolidated case is STAYED for a period of 60 days. The Court sets a mandatory Status Conference for 8/25/2017 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. In the event the parties are unable to finalize the settlement, the parties shall be prepared to address at the Status Conference any necessary adjustments to the trial date and all other deadlines in the 6/28/16 Order. The trial date of 10/16/2017 is CONTINUED to 12/18/2017 at 9:00 AM, with this date to be addressed and confirmed at the Status Conference as necessary. CASE STAYED. (Zignago, K.)
August 21, 2017
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STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 8/21/2017 ORDERING that the stay for this consolidated case, and all discovery, proceedings, and deadlines, is EXTENDED for a period of 60 days. The Status Conference is CONTINUED to 10/20/2017 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller to brief the Court on the finalization of the settlement; provided, however, that if the parties finalize the settlement and file appropriate dismissal papers in this Court prior to the Status Conference, the Status Conference may be removed from the calendar. The trial date of 12/18/2017 shall be continued approximately 60 days to a date convenient to the Court on a date to be addressed and confirmed at the Status Conference. (Washington, S)