Continental Casualty Company, et al v. Global Allies, LLC

Filing 20

STIPULATION and ORDER signed by Judge Morrison C. England, Jr on 6/26/12 EXTENDING Global Allies' response to Plaintiffs' Complaint to 7/20/12. (Meuleman, A)

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John S. Rossiter, Bar No. 151113
[e-mail]
Joren Bass, Bar No. 208143
[e-mail]
Jacqueline Young, Bar No. 280374
[e-mail]
PERKINS COIE LLP
Four Embarcadero Center, Suite 2400
San Francisco, CA 94111-4131
Telephone: [phone]
Facsimile: 415-344-7050
Attorneys for Defendant
Global Allies, LLC

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CONTINENTAL CASUALTY
COMPANY and VALLEY FORGE
INSURANCE COMPANY,
Plaintiffs,

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Case No. 2:11-cv-03237-MCE-KJN
JOINT STIPULATION AND ORDER
TO EXTEND TIME FOR GLOBAL
ALLIES TO FILE RESPONSIVE
PLEADING

v.
GLOBAL ALLIES, LLC,
Defendant.

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STIPULATION AND ORDER TO EXTEND TIME TO FILE RESPONSIVE PLEADINGS

NO. 2:11-CV-03237-MCE-KJN

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I.

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STIPULATION

WHEREAS, on March 25, 2010, a lawsuit was filed against Defendant Global

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Allies, LLC (“Global Allies”), in the United States District Court for the Northern District

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of Illinois entitled Global Total Office, Ltd. et al. v. Global Allies, LLC, No. 1:10-cv-

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01896 (hereinafter, the “GTO action”);

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WHEREAS, on December 6, 2011, Plaintiffs Continental Casualty Company and

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Valley Forge Insurance Company (collectively, “Plaintiffs”) filed a complaint for

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declaratory relief pursuant to 28 U.S.C. §§ 2201 and 2202 in this Court seeking a

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declaration that they have no duty to defend or indemnify Global Allies under Plaintiffs’

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insurance policies with regard to the underlying GTO action;

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WHEREAS, the parties to the GTO action participated in a mediation on June 20,

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2012 before the Honorable Arlander Keys, Magistrate Judge of the United States District

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Court for the Northern District of Illinois;

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WHEREAS, the parties to the GTO action appear to be close to a settlement in

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principle and are scheduled to attend a Magistrate Status Hearing on June 27, 2012 before

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Magistrate Keys to discuss the terms of the potential resolution to the GTO action;

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WHEREAS, Plaintiff and Global Allies agree that a settlement in the GTO action
may resolve or narrow the issues in this coverage action;
WHEREAS, Plaintiffs and Global Allies entered into a stipulation to extend the

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time to respond to Plaintiffs’ Complaint in this action on January 4, 2012, extending the

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time to respond by twenty-eight (28) days;

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WHEREAS, on February 6, 2012, Plaintiffs and Global Allies entered into a

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stipulated eight week stay of this coverage action, which was thereafter ordered by this

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Court on February 16, 2012;

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WHEREAS, on April 11, 2012 Plaintiffs and Global Allies entered into a second

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stipulated eight week stay of the coverage action, which was thereafter ordered by this

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Court on April 15, 2012, and which terminated on June 15, 2012;
-1STIPULATION AND ORDER TO EXTEND TIME TO FILE RESPONSIVE PLEADINGS

NO. 2:11-CV-03237-MCE-KJN

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WHERAS, in light of the status of the GTO action and the settlement in principle,

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Plaintiffs and Global Allies have agreed to extend Global Allies’ time to file responsive

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pleadings for twenty-nine (29) calendar days;

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Now, therefore, it is hereby stipulated by Plaintiffs Continental Casualty Company

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and Valley Forge Insurance Company and Defendant Global Allies, LLC, by and through

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their respective attorneys, as follows:

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1.

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Global Allies’ response to Plaintiffs’ complaint will be filed on or before
July 20, 2012.

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By entering into this Stipulation, neither Plaintiffs nor Global Allies waive
any defenses, rights, or privileges.

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IT IS SO STIPULATED.

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Dated: June 21, 2012

COLLIAU CARLUCCIO KEENER
MORROW PETERSON & PARSONS

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By: /s/ Robert C. Christensen
Robert C. Christensen
Marsha L. Morrow

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Attorneys for Plaintiffs

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Dated: June 21, 2012

PERKINS COIE LLP

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By: /s/ John S. Rossiter, Jr.
John S. Rossiter, Jr.

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Attorney for Defendant
Global Allies, LLC.

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73730-0001/LEGAL23983137

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-2STIPULATION AND ORDER TO EXTEND TIME TO FILE RESPONSIVE PLEADINGS

NO. 2:11-CV-03237-MCE-KJN

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II.

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ORDER
Pursuant to the stipulation of the parties, the time for Global Allies to respond to

Plaintiffs’ Complaint is extended to July 20, 2012.

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IT IS SO ORDERED.

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Dated: June 26, 2012

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__________________________________
MORRISON C. ENGLAND, JR
UNITED STATES DISTRICT JUDGE

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DEAC_Signature-END:

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c4d6b0d3

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-3STIPULATION AND ORDER TO EXTEND TIME TO FILE RESPONSIVE PLEADINGS

NO. 2:11-CV-03237-MCE-KJN