Carolina Casualty Insurance Company v. Tech Logistics Corp. et al

Filing 13

STIPULATION and ORDER Re: 12 Extension of Time For Defendants to Respond to Complaint signed by Magistrate Judge Gary S. Austin on 4/14/2010. (Esteves, C)

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John C. Kiehlmeier, Esq. (SBN: 124083) LAW OFFICES OF JOHN C. KIEHLMEIER P. O. Box 1144 Corona del Mar, California 92625 Telephone: [phone] Attorney for defendants (see signature page)

UNITED STATES DISTRICT COURT 9 10 11 12 CAROLINA CASUALTY INSURANCE COMPANY, an Iowa corporation, 13 14 15 vs. 16 17 TECH LOGISTICS CORP. DBA SYSTEMS LOGISTICS, INC., a Texas corporation; 18 CONCEPCION GARCIA, an individual; 19 QUETZAL GARCIA, a minor child; ELISEO ONTIVEROS VALDEZ, an individual; AGRI20 CO MM EXPRESS, INC., a California 21 corporation; and TRUCKING EQUIPMENT COMPANY, INC., a Wisconsin corporation, 22 Defendants. 23 _________________________________________ 24 25 Plaintiffs, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. 1:10-CV-0475-OWW-GSA FOR THE EASTERN DISTRICT OF CALIFORNIA

STIPULATION AND (PROPOSED) ORDER RE: EXTENSION OF TIME FOR DEFENDANTS TO RESPOND TO COMPLAINT [Local Rule 144, Fed. R. Civ. P. 6]

IT IS HEREBY STIPULATED by and between Howard Wollitz, Esq., Charlston, Revich & Wollitz

26 LLP, counsel for Plaintiff CAROLINA CASAULTY INSURANCE COMPANY, (hereinafter "Plaintiff"), 27 and John C. Kiehlmeier, Esq., Law Offices of John C. Kiehlmeier, counsel for Defendants TECH 28 LOGISTICS CORPORATION d/b/a SYSTEMS LOGISTICS SERVICES, SYSTEMS LOGISTICS,

1 STIPULATION and ORDER RE: EXTENSION OF TIM E FOR DEFENDANTS TO RESPOND TO COM P L A I N T [ L o c a l Rule 144, Fed. R. Civ. P. 6]

1 INC., AGRI-COMM EXPRESS, INC., TRUCKING EQUIPMENT COMPANY, INC., and ELISEO 2 ONTIVEROS VALDEZ (hereinafter collectively "Defendants") , as follows: 3 4 1. Plaintiff has no objection to the extension of time requested by Defendants in the Affidavit of John

5 C. Kiehlmeier filed on 4-12-10. 6 2. The failure of counsel for Plaintiff to respond to defense counsel's email of 4-12-10 as described

7 in the Affidavit of John C. Kiehlmeier filed on 4-12-10 was due to an addressing error in the email. 8 3. The failure of counsel for Plaintiff to respond to defense counsel's voice mail message left on

9 4-12-10 was unintentional. 10 2. All defendants shall have an extension of time to respond to plaintiff's complaint up to

11 and including May 4, 2010. 12 13 14 Dated: April 13, 2010. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 By: /s/ John C. Kiehlmeier JOHN C. KIEHLMEIER, ESQ. attorney for Defendants, TECH LOGISTICS CORPORATION d/b/a SYSTEMS LOGISTICS SERVICES, SYSTEMS LOGISTICS, INC., AGRI-COMM EXPRESS, INC., TRUCKING EQUIPMENT COMPANY, INC., and ELISEO ONTIVEROS VALDEZ Dated: April 13, 2010. By: /s/ Howard Wollitz HOWARD WOLLITZ, ESQ. Attorney for Plaintiff ACE AMERICAN INSURANCE COMPANY CHARLSTN, REVICH & WOLLITZ LLP SO STIPULATED.

LAW OFFICES OF JOHN C. KIEHLMEIER

2 STIPULATION and ORDER RE: EXTENSION OF TIM E FOR DEFENDANTS TO RESPOND TO COM P L A I N T [ L o c a l Rule 144, Fed. R. Civ. P. 6]

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ORDER In consideration of the Stipulation of the parties set forth above, the time for defendants

3 TECH LOGISTICS CORPORATION d/b/a SYSTEMS LOGISTICS SERVICES, SYSTEMS 4 LOGISTICS, INC., AGRI-COMM EXPRESS, INC., TRUCKING EQUIPMENT COMPANY, INC., 5 and ELISEO ONTIVEROS VALDEZ to respond to plaintiff's complaint on file in the instant matter is 6 hereby extended up to and including May 4, 2010. 7 8 9 10 11 6i0kij 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED. Dated:

April 14, 2010

/s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE

3 STIPULATION and ORDER RE: EXTENSION OF TIM E FOR DEFENDANTS TO RESPOND TO COM P L A I N T [ L o c a l Rule 144, Fed. R. Civ. P. 6]