Westchester Surplus Lines Insurance v. Strongtower Financial Inc. et al

Filing 43

STIPULATION and ORDER to Extend Time to File Answer and Continuing the Scheduling Conference. (1) Defendants Eric Hirschfield and James Winter to file responsive pleading by 9/23/2013; (2) Initial SCHEDULING CONFERENCE is continued from 9/18/2013 to October 22, 2013 at 08:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. A JOINT Scheduling Conference Report, carefully prepared and executed by all counsel, shall be electronically filed in full compliance with the requirements set forth in the Order Setting Mandatory Scheduling Conference, one (1) full week prior to the Scheduling Conference, and a copy shall be e-mailed, in WordPerfect or Word format, to [e-mail]. The parties may appear by telephone. signed by Magistrate Judge Barbara A. McAuliffe on 8/23/2013. (Herman, H)

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JODY L. WINTER, #249592
LLOYD WINTER, P.C.
1713 Tulare Street, #122
Fresno, CA 93721
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for defendants Eric Hirschfield, an
individual, and James Winter, an individual

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WESTCHESTER SURPLUS LINES
INSURANCE COMPANY
Plaintiff,

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v.
STRONGTOWER FINANCIAL INC.,
a California corporation; DEANNA
L. BUCHHOLZ, an individual; ERIC
HIRSFIELD, an individual; JAMES
WINTER, an individual; KATHERINE
S. WESTLAKE, an individual;
RAYMOND K. JONES, an individual;
ANA GONZALEZ, an individual and
Trustee of Gonzalez Trust UAD
5-29-07 and Estate of Cesar T.
Gonzalez; VICTOR MICHELS, an
individual; JEFFREY S. RAYNES, an
individual and as Trustee of the Jeffrey
S. Raynes Defined Benefit and 401K
Profit Sharing Plan and Trust; RANDI
ARMSTRONG, an individual, AND
KATHLEEN A. GARRETT, an
Individual; and DOES 1-250,
Defendants.

CASE NO. 1:13-cv-00383-LJO-BAM
STIPULATION AND ORDER TO
EXTEND TIME TO FILE ANSWER
AND CONTINUING THE
SCHEDULING CONFERENCE
New Scheduling Conference:
October 22, 201 3
8:30 a.m.
Department 8 (BAM)

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IT IS HEREBY STIPULATED pursuant to local rule (E.D. Cal. L.R. 144(a)) by

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and between plaintiff Westchester Surplus Lines Insurance Company, by and through

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their attorney of record, London Fischer, LLP, and defendants Eric Hirschfield and

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James Winter, by and through their attorney of record Lloyd Winter, P.C., to extend the

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time in which to file an answer or responsive motion to the complaint for interpleader for

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30 days up to and including Monday, September 23, 2013.

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These stipulating parties have engaged in settlement discussions, drafted the

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settlement agreement and it is being circulated for signatures. Defendants Hirschfield

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and Winter have already signed the agreement. Therefore, the Parties hereby request

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additional time to gather those signatures before these stipulating defendants must

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answer or respond to the complaint in this matter. Currently, the response of stipulating

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defendants is due on Thursday, August 22, 2013.

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These stipulating parties have previous extensions pursuant to Local Rule 144(a),

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and hereby move and request the Court’s approval of this additional extension pursuant

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to Local Rule 144(a), (b), and (d).

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Dated: August 22, 2013

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LONDON FISCHER, LLP, a
limited liability partnership

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By:

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Dated: August 22, 2013

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/s/ Richard S. Endres
Richard S. Endres,
Attorney for plaintiff, Westchester
Surplus Lines Insurance Company

LLOYD WINTER, a
professional corporation

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By:

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/s/ Jody L. Winter
Jody L. Winter,
Attorney for defendants Eric
Hirschfield and James Winter

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ORDER
The parties having so stipulated and good cause appearing, IT IS HEREBY ORDERED:
(1)

Defendants may have up to and including September 23, 2013 to file a responsive

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pleading in this matter;

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(2)

the INITIAL SCHEDULING CONFERENCE set for September 18, 2013 is

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continued to October 22, 2013 at 8:30AM in Courtroom 8 before Judge McAuliffe. A JOINT

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Scheduling Conference Report, carefully prepared and executed by all counsel, shall be

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electronically filed in full compliance with the requirements set forth in the Order Setting

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Mandatory Scheduling Conference, one (1) full week prior to the Scheduling Conference, and a

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copy shall be e-mailed, in WordPerfect or Word format, to [e-mail]. The

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parties may appear by telephone.

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IT IS SO ORDERED.

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Dated:

August 23, 2013

/s/ Barbara

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE