Starr Indemnity & Liability Company v. JT2, Inc.

Filing 24

STIPULATION and ORDER to File First Amended Answer and Third Party Complaint. (1.) Defendant JT2 shall file a First Amended Answer to the First Amended Complaint on or before October 31, 2017; and (2.) JT2 shall file its Third-Party Complaint against a third party defendant on or before October 31, 2017. signed by Magistrate Judge Barbara A. McAuliffe on 10/26/2017. (Herman, H)

1
2
3
4

Matthew W. Quall, #183759
[e-mail]
Quall Cardot LLP
205 East River Park Circle, Suite 110
Fresno, CA 93720
Telephone: [phone]
Facsimile: [phone]
[e-mail]

5
6

Attorneys for Defendant JT2, INC. dba
TODD COMPANIES

7
8

IN THE UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

STARR INDEMNITY & LIABILITY
COMPANY,

12
13
14

Plaintiff,
v.

Case No. 1:17-cv-00213-DAD-BAM
STIPULATION AND [PROPOSED]
ORDER TO FILE FIRST AMENDED
ANSWER AND THIRD PARTY
COMPLAINT

JT2, INC. dba TODD COMPANIES.

15

Defendant.

16
17

TO THE HONORABLE BARBARA A. MCAULIFFE, UNITED STATES MAGISTRATE

18

JUDGE:

19

Defendant JT2, INC. dba TODD COMPANIES (“JT2”), and Plaintiff, STARR

20

INDEMNITY & LIABILITY COMPANY (“Plaintiff”), by and through their respective counsel,

21

hereby agree and stipulate as follows:
RECITALS

22
23

WHEREAS, Plaintiff filed a Complaint for Damages (the “Complaint”) on February 14,

24

2017, in the United States District Court, Eastern District of California, Case Number

25

1:17-cv-00213.

26
27
28

WHEREAS, Plaintiff filed a First Amended Complaint for Damages (“FAC”) on March
17, 2017.
WHEREAS, JT2 filed an Answer to the FAC on March 24, 2017.

1
2
3
4

WHEREAS, JT2 intends to voluntarily amend its Answer to assert additional affirmative
defenses of which it became aware during the course of discovery in the action; and
WHEREAS, JT2 intends to file a third-party complaint against a third party defendant for
acts and/or omissions of which it became aware during the course of discovery in the action.
STIPULATION:

5
6
7

IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff and JT2 as
follows:

8

1.

JT2 shall file a First Amended Answer on or before October 31, 2017; and

9

2.

JT2 shall file its Third-Party Complaint against a third party defendant on or before

10

October 31, 2017.

11

IT IS SO STIPULATED.

12
13

Dated: October 24, 2017

By: ___/s/ Matthew W. Quall_________
Matthew W. Quall, Esq.
QUALL CARDOT LLP
Attorneys for Defendant
JT2, INC. dba TODD COMPANIES

Dated: October 24, 2017

By: ___/s/ Patrick S. Schoenburg
Patrick S. Schoenburg, Esq.
Wood, Smith, Henning & Berman LLP
Attorneys for Plaintiff
STARR INDEMNITY & LIABILITY
COMPANY

Dated: October 24, 2017

By: ___/s/ Ross M. Chinitz
Ross M. Chinitz, Esq. (Pro Hac Vice)
Starr Insurance Holdings, Inc.
Attorneys for Plaintiff
STARR INDEMNITY & LIABILITY
COMPANY

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

(PROPOSED) ORDER

1

Having considered the stipulation of the parties, the record on file in this action, and good

2
3

cause appearing,

4

IT IS HEREBY ORDERED THAT:

5

1.

6

Defendant JT2 shall file a First Amended Answer to the First Amended Complaint

on or before October 31, 2017; and

7

2.

8

October 31, 2017.

9

JT2 shall file its Third-Party Complaint against a third party defendant on or before

IT IS SO ORDERED.

10
11

Dated:

October 26, 2017

/s/ Barbara

A. McAuliffe

UNITED STATES MAGISTRATE JUDGE
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28