Bel Air Mart et al v. Arnold Cleaners, Inc. et al

Filing 173

STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr on 2/4/13 ORDERING that the deadline for Nagler to respond to the Counterclaim is EXTENDED from 1/25/13, up to and including 4/30/2013. (Mena-Sanchez, L)

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CARL P. BLAINE (State Bar #65229)
Email: [e-mail]
ERIC R. GARNER (State Bar #131232)
Email: [e-mail]
WAGNER KIRKMAN BLAINE
KLOMPARENS & YOUMANS LLP
10640 Mather Blvd., Suite 200
Mather, California 95655
Telephone: [phone]
Facsimile:
[phone]

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Attorneys for R. GERN NAGLER, as Trustee
of the John W. Burns Testamentary Trust, and
ROBERT GERN NAGLER

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

10640 Mather Blvd., Suite 200, Mather, California 95655
Phone: [phone] Fax: [phone]

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BEL AIR MART, a California corporation and
WONG FAMILY INVESTORS, L.P.,
Plaintiffs,

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v.
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ARNOLD CLEANERS, INC., et al.,

THIRD STIPULATION TO
EXTEND TIME TO RESPOND TO
THE COUNTERCLAIM OF THE
ESTATE OF RONALD G.
ARMSTRONG, DECEASED;
ORDER

Defendants.
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Case No. 2:10-CV-02392 MCE-EFB

AND RELATED CROSS-ACTIONS.

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TO THE COURT, ALL PARTIES, AND THEIR COUNSEL OF RECORD HEREIN:

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Pursuant to Local Rule 144(a), Defendant Century Indemnity Company, as successor to

22 CCI Insurance Company, as successor to Insurance Company of North America, as alleged
23 insurer of The Estate of Ronald G. Armstrong, Deceased, pursuant to California probate Code
24 section 550 et seq. (“Century”), by and through its counsel of record, Farheena A. Habib of Bassi
25 Edlin Huie & Blum LLP, and Defendant Robert Gern Nagler, individually and as Trustee of the
26 John W. Burns Testamentary Trust (“Nagler”), by and through his counsel of record Eric R.
27 Garner of Wagner Kirkman Blaine Klomparens & Youmans LLP, stipulate and agree as follows:
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1 The deadline for Nagler to respond to the Counterclaim filed by Century shall be extended from
2 January 25, 2013, up to and including April 30, 2013. The extension provided for by this
3 Stipulation may be terminated by any party to this Stipulation by service of written notice of
4 termination served by hand delivery, email, or facsimile. If the extension provided for by this
5 Stipulation is so terminated, the deadline for Nagler to respond to the Counterclaim filed by
6 Century shall be 20 days after the date of delivery of the notice of termination. The parties
7 hereby previously stipulated to two prior extensions from November 30, 2012, to December 28,
8 2012, and from December 28, 2012 to January 25, 2013.
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Good cause exists for the requested extension. Several parties to this action, including

10 but not limited to the parties to this stipulation, are presently engaged in settlement discussions,
10640 Mather Blvd., Suite 200, Mather, California 95655
Phone: [phone] Fax: [phone]

11 have participated in a full day of mediation before Robert Kaplan of Judicate West, and have
12 agreed to continue the mediation to a mutually acceptable date in the future. The parties are
13 hopeful that the continued mediation will take place in late March or April 2013, and are
14 working to coordinate and schedule this continued mediation. Based on the status of the parties’
15 settlement discussions and mediation, as well as other factors, the parties are meeting and
16 conferring about the possibility of filing a joint motion seeking a further brief stay of the
17 litigation. The requested extension would allow the parties to conserve their limited resources
18 while these settlement discussions and mediation are ongoing.
19 DATE: January 23, 2013
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WAGNER KIRKMAN BLAINE
KLOMPARENS & YOUMANS LLP
By: /s/ Eric R. Garner
Eric R. Garner
Attorneys for Defendant and
Counterdefendant Robert Gern Nagler,
Individually and as Trustee of the John
W. Burns Testamentary Trust

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DATE: January 23, 2013

BASSI EDLIN HUIE & BLUM LLP

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By: /s/ Farheena A. Habib [as authorized on 1/23/13
Farheena A. Habib
Attorneys for Cross-Claimant

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ORDER
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Pursuant to the joint stipulation of the parties, and good cause appearing therefor, the
request to extend the deadline for Defendant Robert Gern Nagler, individually and as Trustee of
the John W. Burns Testamentary Trust (“Nagler”) to respond to the Counterclaim filed by

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10640 Mather Blvd., Suite 200, Mather, California 95655
Phone: [phone] Fax: [phone]

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Century Indemnity Company, as successor to CCI Insurance Company, as successor to Insurance
Company of North America, as alleged insurer of The Estate of Ronald G. Armstrong, Deceased,

13 pursuant to California Probate Code section 550 et seq. (“Century”), is GRANTED. The deadline
14 for Nagler to respond to the Counterclaim is hereby extended from January 25, 2013, up to and
15 including April 30, 2013. The extension provided for by this Stipulation may be terminated by
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any party to this Stipulation by service of written notice of termination served by hand delivery,
email, or facsimile. If the extension provided for by this Stipulation is so terminated, the

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deadline for Nagler to respond to the Counterclaim filed by Century shall be 20 days after the

20 date of delivery of the notice of termination.
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22 Dated:

IT IS SO ORDERED.
February 4, 2013

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MORRISON C. ENGLAND, JR., CHIEF JUDGE
UNITED STATES DISTRICT JUDGE