Topa Insurance Company v. Singh et al

Filing 127

STIPULATION and ORDER CONTINUING THE MOTION HEARING set for February 22, 2013 to March 22, 2013 at 10:30 AM in Courtroom 6 (MJS) before Magistrate Judge Michael J. Seng. There shall be no more continuances in connection with this Motion , signed by Magistrate Judge Michael J. Seng on 2/20/2013. (Yu, L)

1 LEWIS BRISBOIS BISGAARD & SMITH LLP
JEFFERY G. BAIREY, SB# 111271
Email: [e-mail]
2
ALISON YEW, SB 173158
Email: [e-mail]
3
333 Bush Street, Suite 1100
4 San Francisco, California, 94104-2872
Telephone: [phone]
5 Facsimile: 415.434.0882
6 Attorneys for Defendant
3SJ TRANSPORTATION LLC (Doe 2)
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION

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11 Topa Insurance Company,
Plaintiff,

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CASE NO. 1:11-CV-1573-MJS
STIPULATION TO CONTINUE
MOTION TO DISMISS; ORDER

vs.
Date: February 22, 2013
Time: 9:30 a.m.
Dept.: 6
Hon. Magistrate Judge Michael J. Seng

14 Amrinder Singh, an individual; Pawandeep
Singh, an individual; Linton Stone Weeks and
15 Jan Taylor Weeks, individuals; Jorge Adrian
Chavero, an individual; Rebecca Chavero, an
16 individual; DBi Services, LLC, a corporation;
Royal Freight, LP, a corporation; Progressive
17 Insurance Company, a corporation; Hiscox
Insurance Company, a corporation; Northland
18 Insurance Company, a corporation; Truck
Service, Inc., a corporation; Intrade Industries,
19 Inc. (Doe Defendant 1); 3SJ Transportation,
LLC (Doe Defendant 2); and Does 3 through
20 50, inclusive,
Defendants.

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Whereas, Topa Insurance Company has filed the within First Amended Complaint;

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Whereas, 3SJ Transportation, LLC, named as Doe Defendant #2, has filed a Motion to

25 Dismiss in response to the First Amended Complaint;
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Whereas, the Motion to Dismiss was scheduled to be heard on December 14, 2012,

27 continued to January 18, 2013, and again continued to February 22, 2013;

LEWI
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BRISBOI
S
BISGAAR
D

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Whereas, the parties in this interpleader action and in the related state matter of Weeks v.
4852-1648-1554.1

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STIPULATION TO CONTINUE MOTION TO DISMISS; [PROPOSED] ORDER

1 Singh have agreed to a global settlement in principal and are working on the terms of a written
2 agreement;
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Whereas, the global settlement contemplates dismissals of all related action, including the

4 subject federal court interpleader action filed by Topa Insurance;
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Whereas, the parties continue to work out the settlement details, as the global settlement

6 involves multiple parties;
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Topa Insurance and 3SJ Transportation herby stipulate to a continuance of the Motion to

8 Dismiss for a minimum of 30 days, if the court would so order.
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IT IS SO STIPULATED.

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12 DATED: February 19, 2012

SELMAN BREITMAN LLP

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By:

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DATED: February 19, 2012

/s/ Mark Inbody
Mark Inbody
Attorneys for Plaintiff Topa Insurance
LEWIS BRISBOIS BISGAARD & SMITH

LLP

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By:

/s/ Alison Yew
Alison Yew
Attorneys for Defendant
3SJ TRANSPORTATION (Doe 2)

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~ ORDER ~
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LEWI
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BRISBOI
S
BISGAAR
D

Pursuant to the above stipulation and good cause appearing, the Court Orders
the continuance of the hearing on Defendant 3SJ Transportation’s Motion to Dismiss

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4852-1648-1554.1

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STIPULATION TO CONTINUE MOTION TO DISMISS; [PROPOSED] ORDER

1 from February 22, 2013, to March 22, 2013 at 10:30 a.m. before Magistrate Judge
2 Michael J. Seng in Courtroom 6 (MJS), Fresno. There shall be no more continuances
3 in connection with this motion.
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7 IT IS SO ORDERED.
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Dated:

February 20, 2013

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:

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ci4d6

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LEWI
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BRISBOI
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BISGAAR
D

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4852-1648-1554.1

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STIPULATION TO CONTINUE MOTION TO DISMISS; [PROPOSED] ORDER