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

Filing 33

ORDER re: stipulation to extend time to respond to the Complaint 2 , signed by Magistrate Judge Barbara A. McAuliffe on 06/04/2013. (Response due by 6/28/2013) (Figueroa, O)

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1 2 3 4 5 MATTHEW A. ARIGO [SBN 254871] BONETATI & KINCAID, INC. 2020 North Tustin Avenue Santa Ana, California 92705 (714) 466-6600 phone (714) 466-6601 fax Attorneys for Defendant UNDERWRITERS AT LLOYD'S LONDON . 6 7 8 9 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, ) ) ) ) Plaintiff, ) ) vs. ) ) ) OLD REPUBLIC INSURANCE COMPANY, ) a Pennsylvania corporation; EVERETT ) 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 North ) Dakota corporation; FIRST SPECIALTY ) INSURANCE CORPORATION, a Missouri ) corporation; SPECIALTY INSURANCE ) COMPANY, an Arizona corporation; ) AMERICAN SAFETY INDEMNITY ) COMPANY, an Oklahoma corporation, ) LEXINGTON INSURANCE COMPANY, a ) Delaware corporation; PROBUILDERS ) SPECIALTY INSURANCE COMPANY, ) CASE NO.: 1:13-cv-00576-LJO-BAM ORDER RE: STIPULATION TO EXTEND TIME TO RESPOND TO THE COMPLAINT [Local Rule 144(a)] Current Response Dates: 5/30/13 & 6/3/13 New Response Date: 6/18/13 1 ORDER RE: STIPULATION TO EXTEND TIME TO RESPOND TO THE COMPLAINT 1 2 3 4 5 6 7 8 9 10 11 12 13 RRG, a Washington, D.C. corporation; SECURITY AMERICAN RISK 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; 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 LONDON, a Kentucky corporation; PRAETORIAN INSURANCE COMPANY, a Pennsylvania corporation and DOES 1 through 10, inclusive. 14 Defendants. 15 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 16 Plaintiff Travelers Property Casualty Company of America (“Travelers”) and 17 Defendant UNDERWRITERS AT LLOYD'S LONDON (“Underwriters”), by and through 18 their counsel and pursuant to Federal Rule of Civil Procedure 6(b)(1)(A) and Local Rule 19 20 21 144(a), hereby stipulate to an 28-day extension of time to respond to Travelers’ Complaint in this matter. 22 Travelers filed this action on April 19, 2013. Underwriters was served with the 23 Complaint on May 9, 2013. Pursuant to Federal Rules of Civil Procedure Rule 12(a)(1)(A)(i), 24 Underwriters is required to respond to the Complaint on or before May 30, 2013. Pursuant to 25 Eastern District Local Rule 144(a), the Parties stipulate and agree to extend these dates for 28- 26 days to June 28, 2013. Good cause exists for this extension to allow Underwriters time to 27 28 obtain their policies and claim files, if any, prior to responding to the Complaint. There have 2 ORDER RE: STIPULATION TO EXTEND TIME TO RESPOND TO THE COMPLAINT 1 been no prior extensions of time for Underwriters to respond to the Complaint, and because 2 the Complaint was recently filed, there appears to be no prejudice extending the time for 3 Underwriters to respond to the Complaint. 4 5 6 WHEREFORE, for the foregoing reasons, the parties stipulate that Underwriters shall have up to and including June 28, 2013 to answer or otherwise respond to Travelers’ Complaint. 7 IT IS SO STIPULATED. 8 9 Dated: May 30, 2013 10 THE AGUILERA LAW GROUP, APLC By: /s/ Angela Martin as approved on 5/30/13 KARI M. MYRON ANGELA MARTIN Attorneys for Plaintiff TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA 11 12 13 14 15 Dated: May 30, 2013 BONETATI & KINCAID, INC. 16 17 By: /s/ Matthew A. Arigo as approved on 5/30/13 MATTHEW A. ARIGO Attorneys for Defendant UNDERWRITERS AT LLOYD'S LONDON 18 19 20 21 IT IS SO ORDERED. 22 23 Dated: /s/ Barbara June 4, 2013 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28 3 ORDER RE: STIPULATION TO EXTEND TIME TO RESPOND TO THE COMPLAINT

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