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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BRIAN P. WORTHINGTON, ESQ. (Bar No. 179590)
RYAN MERCALDO & WORTHINGTON LLP
3636 Nobel Drive, Suite 200
San Diego, California 92122
[phone]; Facsimile [phone]
[e-mail]

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MARK A. HOOPER, ESQ. (Bar No. 173979)
RUBERRY, STALMACK & GARVEY, LLC
500 West Madison Street, Suite 2300
Chicago, IL 60661
[phone]; Facsimile [phone]
[e-mail]
Attorneys for Plaintiff, LINCOLN GENERAL
INSURANCE COMPANY

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MARK J. DEREWETSKY, ESQ. (Bar No. 130944)
TRENK, DiPASQUALE, DELLA FERA & SODONO, P.C.
1300 Clay Street, Suite 600
Oakland, CA 94612
[phone]; Facsimile [phone]
[e-mail]

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Attorneys for Defendant HABITAT CONSTRUCTION, INC.
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA – SACRAMENTO DIVISION

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)
)
)
)
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.

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Stipulation and Order for Extension of Time for Responsive Pleading

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RECITALS

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1.

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(“Lincoln”), filed the Complaint.
2.

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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.

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Under Rule 12 of the Federal Rules of Civil Procedure, Habitat Construction

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is required to respond to Lincoln’s Complaint within 21-days after service. The deadline

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for Habitat Construction to respond to the Complaint was October 11, 2012.
4.

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This lawsuit involves Lincoln’s claims for declaratory relief as to its

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obligations, if any, to defend and/or indemnify its insured(s) in an underlying lawsuit filed

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by Vintage Oaks Office Park Building 14 & 15 Association (“Vintage”).
5.

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Counsel for Habitat Construction contacted Lincoln’s counsel on October 12,

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2012 and requested a two-week extension in which to file a responsive pleading, so that

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they can evaluate the case and provide the appropriate responsive pleading. Lincoln has

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agreed to that extension.
6.

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The case is in its early stages. Only one other Defendant, Vintage, has

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appeared in the action through an answer filed in the last several days. There will be no

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delay in these proceedings if the extension is permitted. This is the first stipulation for an

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extension for Habitat Construction to respond to the Complaint.
7.

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Therefore, it is hereby stipulated by and between Lincoln and Habitat

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Construction that Habitat Construction may have a two-week extension of time to respond

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to the Complaint on file herein, to and including October 25, 2012.
STIPULATION

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WHEREFORE, Lincoln and Habitat Construction, by and through their respective

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counsel, hereby stipulate and agree as follows:

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Stipulation and Order for Extension of Time for Responsive Pleading

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Defendant Habitat Construction, Inc. shall have a two-week extension of time

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within which it must respond to the Complaint on file herein, to and including October 25,

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2012.

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Dated: October 12, 2012

RYAN MERCALDO & WORTHINGTON LLP

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By: __/s/ Brian P. Worthington
________
Brian P. Worthington, Esq.
Attorneys for Plaintiff,
LINCOLN GENERAL INSURANCE
COMPANY

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Dated: October 12, 2012

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TRENK, DiPASQUALE, DELLA FERA &
SODONO, P.C.
By: __/s/ Marc J. Derewetzky_____________
Marc J. Derewetzky, Esq.
Attorneys for Defendant HABITAT
CONSTRUCTION, INC.

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ORDER

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IT IS HEREBY ORDERED that Defendant Habitat Construction, Inc. shall have a

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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.

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Date: 10/16/2012

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___________________________________

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GARLAND E. BURRELL, JR.
Senior United States District Judge

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DEAC _Signature- END:

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61khh4bb

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Stipulation and Order for Extension of Time for Responsive Pleading

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