American States Ins. Co. v. Insurance Co. of the State of Pennsylvania

Filing 50

STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr on 7/23/13. The hearing as to 42 Motion to Dismiss is reset for 8/8/2013 at 02:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. England Jr. Defendant's reply to opposition to the motion due on or before 8/1/13. (Manzer, C)

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BINGHAM McCUTCHEN LLP
Frank Kaplan (SBN 50859)
[e-mail]
Kenneth S. Meyers (SBN 99959)
[e-mail]
The Water Garden
Suite 2050 North
1601Cloverfield Boulevard
Santa Monica, California 90404-4082
Telephone: [phone]
Facsimile: 310.907.2000
Attorneys for Defendant
Insurance Company of the State
of Pennsylvania

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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AMERICAN STATES INSURANCE
COMPANY, an Indiana Corporation,
Plaintiff,

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v.

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INSURANCE COMPANY OF THE
STATE OF PENNSYLVANIA, a
Pennsylvania Corporation,

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Defendants.

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No. 2:12-CV-01489-MCE-JFM
STIPULATION CONTINUING
HEARING ON MOTION TO
DISMISS THIRD AMENDED
COMPLAINT; AND ORDER
Date:
Time:
Judge:

July 25, 2013
2:00 p.m.
Hon. Morrison C.
England, Jr.

Courtroom: 7

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STIPULATION CONTINUING HEARING ON MOTION TO DISMISS THIRD AMENDED COMPLAINT
A/75643319.1

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This Stipulation is made by and between plaintiff American States

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Insurance Company (“American”) and defendant Insurance Company of the State

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of Pennsylvania (“ICSOP”) through their counsel of record pursuant to Local Rule

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230(f) with respect to the following facts:
1.

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ICSOP has filed a motion to dismiss each claim for relief in

American’s Third Amended Complaint.

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2.

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July 25, 2013.

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3.

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The hearing on ICSOP’s motion to dismiss is currently set for
ICSOP’s reply to American’s opposition to the motion to

dismiss is currently due on July 18, 2013.
4.

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ICSOP’s counsel has advised American’s counsel that because

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of the vacation and travel schedules of the persons at ICSOP who must review and

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approve the reply before it is filed, those persons will be unavailable to review the

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reply before its current July 18, 2013 due date.
5.

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The next available hearing date on the Court’s calendar is

August 8, 2013.

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6.

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dismiss have been sought.
THEREFORE, American and ICSOP hereby stipulate as follows,

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No prior requests to continue the hearing on the motion to

subject to the approval of the Court:
1.

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The hearing on ICSOP’s motion to dismiss each claim for relief

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in American’s Third Amended Complaint may be continued to August 8, 2013 at 2

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p.m.

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///

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///

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///

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///

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STIPULATION CONTINUING HEARING ON MOTION TO DISMISS THIRD AMENDED COMPLAINT
A/75643319.1

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2.

ICSOP’s reply to American’s opposition to the motion to

dismiss may be filed and served on or before August 1, 2013.
DATED: July 15, 2013

THE BIERNAT LAW GROUP

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By: /s/ Lisa L. Pan
Lisa L. Pan
Attorneys for Plaintiff America
States Insurance Company

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DATED: July 15, 2013

BINGHAM McCUTCHEN LLP

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By: /s/ Frank Kaplan
Frank Kaplan
Attorneys for Defendant Insurance
Company of the State of
Pennsylvania

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STIPULATION CONTINUING HEARING ON MOTION TO DISMISS THIRD AMENDED COMPLAINT
A/75643319.1

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ORDER

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Upon the stipulation of the parties, and good cause appearing, IT IS
HEREBY ORDERED as follows:
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The hearing on ICSOP’s motion to dismiss each claim for relief in

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American’s Third Amended Complaint currently scheduled for July 25, 2013, is

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hereby vacated and continued to August 8, 2013 at 2 p.m. in Courtroom 7.

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ICSOP’s Reply to American’s opposition to the motion to dismiss

may be filed and served on or before August 1, 2013.
IT IS SO ORDERED.
Dated: July 23, 2013

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STIPULATION CONTINUING HEARING ON MOTION TO DISMISS THIRD AMENDED COMPLAINT
A/75643319.1