Lincoln General Insurance Company v. Kennedy, et. al.

Filing 7

STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 10/16/12 ORDERING that defendant Habitat Construction, Inc. shall have to and including 10/25/12 to respond to the Complaint. (Meuleman, A)

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1 2 3 BRIAN P. WORTHINGTON, ESQ. (Bar No. 179590) RYAN MERCALDO & WORTHINGTON LLP 3636 Nobel Drive, Suite 200 San Diego, California 92122 (858) 455-8700; Facsimile (858) 455-8701 bworthington@rmwfirm.com 4 5 6 7 8 MARK A. HOOPER, ESQ. (Bar No. 173979) RUBERRY, STALMACK & GARVEY, LLC 500 West Madison Street, Suite 2300 Chicago, IL 60661 (312) 466-8050; Facsimile (312) 466-8055 mark.hooper@rsg-law.com Attorneys for Plaintiff, LINCOLN GENERAL INSURANCE COMPANY 9 10 11 12 MARK J. DEREWETSKY, ESQ. (Bar No. 130944) TRENK, DiPASQUALE, DELLA FERA & SODONO, P.C. 1300 Clay Street, Suite 600 Oakland, CA 94612 (510) 466-6318; Facsimile (510) 466-6319 mjd@trenklawfirm.com 13 Attorneys for Defendant HABITAT CONSTRUCTION, INC. 14 15 UNITED STATES DISTRICT COURT 16 EASTERN DISTRICT OF CALIFORNIA – SACRAMENTO DIVISION 17 18 19 20 21 22 23 24 25 26 27 ) ) ) ) Plaintiff, ) ) v. ) ) MARK RAYMOND KENNEDY, ) individually and Doing Business As ) STONEY FALLS TILE; VINTAGE OAKS ) OFFICE PARK BUILDING 14 & 15 ) ASSOCIATION, a California Nonprofit ) Mutual Benefit Corporation; HABITAT ) MANAGEMENT AND DEVELOPMENT ) COMPANY, INC.; PICO RANCH, INC.; ) HABITAT CONSTRUCTION, INC.; ) DOES 1 THROUGH 10, ) ) Defendants. ) ) LINCOLN GENERAL INSURANCE COMPANY, CASE NO. 2:12-CV-02311-GEB-DAD STIPULATION AND [PROPOSED] ORDER EXTENDING THE RESPONSIVE PLEADING DEADLINE FOR HABITAT CONSTRUCTION, INC. 28 29 -1- 30 Stipulation and Order for Extension of Time for Responsive Pleading 31 RECITALS 1 1. 2 3 (“Lincoln”), filed the Complaint. 2. 4 5 On September 7, 2012, Plaintiff, Lincoln General Insurance Company On September 20, 2012, Defendant Habitat Construction, Inc. (“Habitat Construction”) was served with process of the Summons and Complaint. 3. 6 Under Rule 12 of the Federal Rules of Civil Procedure, Habitat Construction 7 is required to respond to Lincoln’s Complaint within 21-days after service. The deadline 8 for Habitat Construction to respond to the Complaint was October 11, 2012. 4. 9 This lawsuit involves Lincoln’s claims for declaratory relief as to its 10 obligations, if any, to defend and/or indemnify its insured(s) in an underlying lawsuit filed 11 by Vintage Oaks Office Park Building 14 & 15 Association (“Vintage”). 5. 12 Counsel for Habitat Construction contacted Lincoln’s counsel on October 12, 13 2012 and requested a two-week extension in which to file a responsive pleading, so that 14 they can evaluate the case and provide the appropriate responsive pleading. Lincoln has 15 agreed to that extension. 6. 16 The case is in its early stages. Only one other Defendant, Vintage, has 17 appeared in the action through an answer filed in the last several days. There will be no 18 delay in these proceedings if the extension is permitted. This is the first stipulation for an 19 extension for Habitat Construction to respond to the Complaint. 7. 20 Therefore, it is hereby stipulated by and between Lincoln and Habitat 21 Construction that Habitat Construction may have a two-week extension of time to respond 22 to the Complaint on file herein, to and including October 25, 2012. STIPULATION 23 WHEREFORE, Lincoln and Habitat Construction, by and through their respective 24 25 counsel, hereby stipulate and agree as follows: 26 /// 27 /// 28 /// 29 -2- 30 Stipulation and Order for Extension of Time for Responsive Pleading 31 Defendant Habitat Construction, Inc. shall have a two-week extension of time 1 2 within which it must respond to the Complaint on file herein, to and including October 25, 3 2012. 4 Dated: October 12, 2012 RYAN MERCALDO & WORTHINGTON LLP 5 By: __/s/ Brian P. Worthington ________ Brian P. Worthington, Esq. Attorneys for Plaintiff, LINCOLN GENERAL INSURANCE COMPANY 6 7 8 9 Dated: October 12, 2012 10 11 TRENK, DiPASQUALE, DELLA FERA & SODONO, P.C. By: __/s/ Marc J. Derewetzky_____________ Marc J. Derewetzky, Esq. Attorneys for Defendant HABITAT CONSTRUCTION, INC. 12 13 14 ORDER 15 IT IS HEREBY ORDERED that Defendant Habitat Construction, Inc. shall have a 16 17 18 two-week extension of time within which it must respond to the Complaint on file herein, to and including October 25, 2012. IT IS SO ORDERED. 19 20 Date: 10/16/2012 21 ___________________________________ 22 GARLAND E. BURRELL, JR. Senior United States District Judge 23 24 DEAC _Signature- END: 25 26 61khh4bb 27 28 29 -3- 30 Stipulation and Order for Extension of Time for Responsive Pleading 31

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