Travelers Property Casualty Company of America v. Old Republic Insurance Company, et al

Filing 161

STIPULATION and ORDER for Extention of Time to Respond to First Amended Complaint: Defendant Underwriters further extention to respond to First Amended Complaint by 1/10/2014. signed by Magistrate Judge Barbara A. McAuliffe on 12/20/2013. (Herman, H)

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DIANA L. WINFREY (SBN 118910)
E-MAIL: [e-mail]
SELMAN BREITMAN LLP
11766 Wilshire Blvd., Sixth Floor
Los Angeles, CA 90025-6538
Telephone: [phone]
Facsimile: 310.473.2525
Attorneys for Defendant
CERTAIN UNDERWRITERS AT LLOYD'S OF LONDON,
100% SYNDICATE 2020

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ATTORNEYS AT LAW

Selman Breitman LLP

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TRAVELERS PROPERTY CASUALTY
COMPANY OF AMERICA, a Connecticut
corporation,,

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585937.1 1011.35388

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Case No. 1:13-cv-00576-LJO-BAM
STIPULATION AND ORDER FOR
EXTENSION OF TIME TO RESPOND
TO FIRST AMENDED COMPLAINT

Plaintiff,
v.
OLD REPUBLIC INSURANCE
COMPANY, a Pennsylvania corporation;
EVEREST INDEMNITY INSURANCE
COMPANY, a Delaware corporation;
INTERSTATE FIRE & CASUALTY
COMPANY, an Illinois corporation;
FINANCIAL PACIFIC INSURANCE
COMPANY, a California corporation;
ARCH SPECIALTY INSURANCE
COMPANY, a Nebraska corporation/
NAVIGATORS SPECIALTY
INSURANCE COMPANY, a New York
corporation, CLARENDON NATIONAL
INSURANCE COMPANY, a New Jersey
corporation; ACE AMERICAN
INSURANCE COMPANY fka ALLIED
INSURANCE COMPANY, a Pennsylvania
corporation; NATIONAL UNION FIRE
INSURANCE COMPANY OF
PITTSBURGH, PA, a Pennsylvania
corporation; ASPEN SPECIALTY
INSURANCE COMPANY, a North Dakota
corporation; FIRST SPECIALTY
INSURANCE COMPANY, a Missouri
corporation; IRONSHORE SPECIALTY
INSURANCE COMPANY, an Arizona
corporation; AMERICAN SAFETY
INDEMNITY COMPANY, an Oklahoma
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CASE NO. 1:13-CV-00576-LJO-BAM

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ATTORNEYS AT LAW

Selman Breitman LLP

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corporation; LEXINGTON INSURANCE
COMPANY, a Delaware corporation;
PROBUILDERS SPECIALTY
INSURANCE COMPANY, PRG, a
Washington, D.C. corporation; SECURITY
AMERICA RICK RETENTION GROUP, a
Vermont corporation/ ILLINOIS UNION
INSURANCE COMPANY, an Illinois
corporation; ZURICH NORTH
AMERICAN INSURANCE COMPANY, a
New York corporation; LIBERTY
MUTUAL INSURANCE COMPANY, a
Massachusetts corporation; NORTHERN
INSURANCE COMPANY OF NEW
YORK, a New York corporation,
CHARTIS SPECIALTY INSURANCE
COMPANY fka AMERICAN
INTERNATIONAL SPECIALTY LINES
INSURANCE COMPANY, an Illinois
corporation; NAVIGATORS INSURANCE
COMPANY, a New York corporation;
TRUCK INSURANCE EXCHANGE, a
California corporation; CERTAIN
UNDERWRITERS AT LLOYD'S OF
LONDON, a Kentucky corporation;
PRAETORIAN INSURANCE
COMPANY, a Pennsylvania corporation,
and DOES 1 through 10, inclusive,
Defendants

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This Stipulation is entered into by and between Plaintiff, TRAVELERS
PROPERTY CASUALTY COMPANY OF AMERICA ("TRAVELERS") and Defendant,
CERTAIN UNDERWRITERS AT LLOYD'S OF LONDON, 100% SYNDICATE 2020
("UNDERWRITERS").

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585937.1 1011.35388

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RECITALS
1.

On or about April 19, 2013, TRAVELERS filed an action entitled Travelers

Property Casualty Company of America v. Old Republic Insurance Company, et al. in the
Eastern District of California, Case No. 1:13-CV-00576-LJO-BAM.
2.

On or about August 21, 2013, TRAVELERS filed a first-amended complaint

(the "FAC").
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By stipulation filed October 23, 2013, and entered by the Court on October

24, 2013, TRAVELERS substituted one of the defendants to the FAC, namely,
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CASE NO. 1:13-CV-00576-LJO-BAM

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UNDERWRITERS, instead and in place of Catlin Specialty Insurance Company.
4.

On or about November 8, 2013, TRAVELERS served UNDERWRITERS

with a summons and the FAC.
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Under Federal R. of Civ. Proc., Rule 12(a)(1), UNDERWRITERS' response

was due on December 2, 2013.
6.

UNDERWRITERS and TRAVELERS previously stipulated to a brief

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extension of time for UNDERWRITERS to provide a responsive pleading by December

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20, 2013

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7.

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ATTORNEYS AT LAW

Selman Breitman LLP

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UNDERWRITERS and TRAVELERS are discussing whether TRAVELERS

will dismiss UNDERWRITERS from this lawsuit.
8.

UNDERWRITERS and TRAVELERS believe that a further three (3) week

extension will provide time for TRAVELERS to attempt to resolve this issue.

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IT IS HEREBY STIPULATED AND AGREED:

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UNDERWRITERS are awarded an additional three week extension of time to file a

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responsive pleading in this action. UNDERWRITERS' response to the FAC is now due on

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January 10, 2014.

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This stipulation shall not constitute an appearance by UNDERWRITERS.

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UNDERWRITERS do not waive the right to challenge the Court's jurisdiction over this

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matter.

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DATED: December 6, 2013

THE AGUILERA LAW GROUP, APLC

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Angela N. Martin
By: ____________________________________
KARI MYRON
ANGELA N. MARTIN
Attorneys for Plaintiff
TRAVELERS PROPERTY CASUALTY
COMPANY OF AMERICA

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CASE NO. 1:13-CV-00576-LJO-BAM

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DATED: December 6, 2013

SELMAN BREITMAN LLP

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Diana L. Winfrey

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By:

_______
DIANA L. WINFREY
Attorneys for Defendant
CERTAIN UNDERWRITERS AT LLOYD'S OF
LONDON 100% SYNDICATE 2020

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ORDER
The Court having reviewed the stipulation between Plaintiffs TRAVELERS
and Defendant UNDERWRITERS further extending the time for
UNDERWRITERS to respond to the First Amended Complaint, the Court grants the

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stipulation and orders that UNDERWRITERS shall have until January 10, 2014 to

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ATTORNEYS AT LAW

Selman Breitman LLP

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respond to the First Amended Complaint.

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IT IS SO ORDERED.

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Dated:

/s/ Barbara

December 20, 2013

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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585937.1 1011.35388

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CASE NO. 1:13-CV-00576-LJO-BAM