Stipulation,Agreement: WARWICK AMUSEMENTS CORPORATION, ET AL VS. APPLIED UNDERWRITERS, INC., A NEBRASKA CORPORATION ET AL

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                                JODI S. COHEN, CASB No. 151534
jodi.cohen@kyl.com

JENNIFER M. PORTER, CASB No. 261508
jennifer.porter@kyl.com

KEESAL, YOUNG & LOGAN

A Professional Corporation

450 Pacific Avenue

San Francisco, California 94133

Telephone: (415) 398-6000

Facsimile: (415) 981-0136

Attorneys for Defendant
WILLIS OF NEW YORK, INC.

ELECTRONICALLY

FILED

Superior Court of California,
County of San Francisco

08/15/2017
Clerk of the Court
BY:JUDITH NUNEZ
Deputy Clerk

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF SAN FRANCISCO

WARWICK AMUSEMENTS CORPORATION,
a Delaware corporation;

WARWICK CALIFORNIA CORPORATION,

a California corporation;

WARWICK DENVER CORPORATION,

a Delaware corporation;

WSF BEVERAGE CORPORATION,

a California corporation;

WARWICK MELROSE DALLAS
CORPORATION, a Delaware corporation;
SILVER AUTUMN HOTEL (N.Y.)
CORPORATION, LTD., a Delaware corporation,

Plaintiffs,
vs.

APPLIED UNDERWRITERS, INC.,

a Nebraska corporation;

APPLIED UNDERWRITERS CAPTIVE RISK
ASSURANCE COMPANY, INC.,

an Iowa corporation;

CALIFORNIA INSURANCE COMPANY,

a California corporation;

CONTINENTAL INDEMNITY COMPANY,
an Iowa corporation;

APPLIED RISK SERVICES, INC., a New York
corporation;

WILLIS OF NEW YORK, INC., a New York
corporation,

and DOES 1 through 50, inclusive,

Defendants.

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Case No. CGC-16-551614
Action Filed: April 22, 2016

NOTICE OF STIPULATED EX PARTE
APPLICATION, EX PARTE APPLICATION
FOR ORDER TO CONTINUE TRIAL

[Memorandum of Points and Authorities,
Stipulation to Continue Trial Date and All
Related Motion and Discovery Deadlines,
Declaration of Jennifer M. Porter and Proposed
Order, concurrently filed herewith]

Date:
Time:
Place:

August 16, 2017
11:00 a.m.
Dept. 206

NOTICE OF STIPULATED EX PARTE APPLICATION, EX PARTE APPLICATION FOR ORDER TO CONTINUE

TRIAL
KYL4832-9512-3276.1TO THE COURT, ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

PLEASE TAKE NOTICE that on Wednesday, August 16, 2017, at 11:00 a.m., or as soon
thereafter as may be heard in Department 206 of the above-captioned court, located at 400 McAllister
Street, San Francisco, California, the Honorable Teri L. Jackson, Judge of the Superior Court
presiding, Defendant WILLIS OF NEW YORK, INC. (“Willis”) will and hereby does apply to this

court for an Order to continue the present trial date in this matter for at least ninety (90) days or as

soon thereafter as is convenient for the Court. All parties, including Plaintiffs WARWICK
AMUSEMENTS CORPORATION, WARWICK CALIFORNIA CORPORATION, WARWICK
DENVER CORPORATION, WSF BEVERAGE CORPORATION, WARWICK MELROSE
DALLAS CORPORATION and SILVER AUTUMN HOTEL (N.Y.) CORPORATION, LTD.,
(collectively referred to as the “Plaintiffs”) and Defendants APPLIED UNDERWRITERS, INC.,
APPLIED UNDERWRITERS CAPTIVE RISK ASSURANCE COMPANY, INC., CALIFORNIA
INSURANCE COMPANY, CONTINENTAL INDEMNITY COMPANY and APPLIED RISK
SERVICES, INC. (collectively referred to as the “AUW Defendants”), join in this ex parte
Application.

This Stipulated Application is made on the grounds that good cause exists to continue the trial
date so that the Parties may attend private mediation in an effort to resolve this matter in its entirety
before engaging in further expensive and time-consuming discovery and motion practice. The parties
have completed initial discovery and preliminary depositions and are hopeful that the matter may be
resolved without further expense. Thus, the parties have agreed to stay all further discovery, including
several out-of-state depositions, to attend private mediation in September 2017. The Parties request a
brief ninety-day continuance of the February 26, 2018 trial date so that a brief stay of discovery will
not prejudice the Parties’ ability to prepare for trial should the mediation at this juncture be
unsuccessful.

This is the Parties’ first request to continue the trial date or any other case management
deadline set by the Court. The Parties request that all pre-trial motion and discovery deadlines,
including expert discovery, be continued.

This Stipulated Application for relief is based upon this Notice of Stipulated Ex Parte
-T-

NOTICE OF STIPULATED EX PARTE APPLICATION, EX PARTE APPLICATION FOR ORDER TO CONTINUE

TRIAL
KYL4832-9512-3276.1Application and Ex Parte Application for Order to Continue Trial, the Memorandum of Points and
Authorities in Support thereof, the Stipulation of Parties to Continue the Trial Date and the
Declaration of Jennifer M. Porter as well as the pleadings, records, and papers on record in this action,
and upon any such further oral and documentary evidence and legal memoranda as may be presented

at or before the hearing on this Application.

DATED: August 14, 2017 peas

JONI §. C!

JE) ER N® PORTER
KEESAL, YOUNG & LOGAN
Attorneys for Defendant
WILLIS OF NEW YORK, INC.

-2-
NOTICE OF STIPULATED EX PARTE APPLICATION, EX PARTE APPLICATION FOR ORDER TO CONTINUE

TRIAL
KYL4832-9512-3276.1