Carolina Casualty Insurance Company v. Oahu Air Conditioning Service, Inc. et al

Filing 11

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 12/2/13: The deadline for PCS and OAC to respond to the Complaint by answer or motion shall be December 13, 2013. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CAROLINA CASUALTY INSURANCE
COMPANY,

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Plaintiff,

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Civil Action No. 2:13-CV-1378-WBS-AC
Hon. William B. Shubb

v.
OAHU AIR CONDITIONING SERVICE, INC.
dba OAHU AIR CONDITIONING CO, et al.,
Defendants.

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STIPULATION AND ORDER RE:
DEADLINE TO RESPOND TO FIRST
AMENDED COMPLAINT AND
SETTING SCHEDULE ON MOTIONS
TO DISMISS
Sched. Conf. Date:
Time:
Place:

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Jan. 21, 2014
2:00 p.m.
Courtroom 5

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WHEREAS, Plaintiff Carolina Casualty Insurance Company (“Plaintiff”) filed a
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First Amended Complaint (“Complaint”) in this matter on November 1, 2013, and effected
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service on Defendant Pacific Commercial Services LLC (“PCS”) on November 13, 2013;
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WHEREAS, PCS’ response to the Complaint is due on or before December 4,

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2013;
WHEREAS, prior to this stipulation, PCS has not requested or received any
extension of time for responding to the Complaint;

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WHEREAS, PCS intends to file a motion pursuant to Rule 12 of the Federal
Rules of Civil Procedure;
WHEREAS, the Court has set a Scheduling Conference to take place on January
21, 2013, at 2:00 p.m.;

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STIPULATION AND [PROPOSED] ORDER RE: DEADLINE TO RESPOND TO
FIRST AMENDED COMPLAINT AND SETTING SCHEDULE ON MOTIONS TO DISMISS

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WHEREAS, having PCS’ motion heard coincident with the Scheduling

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Conference will save judicial and the parties’ resources, by avoiding multiple hearings, and will

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not interfere with the Scheduling Conference; and

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WHEREAS, Plaintiff and PCS have agreed to a briefing schedule on PCS’ motion
that satisfies the requirements of Local Rule 230, while also allowing additional time in advance
of filing the motion for the parties to meet and confer on the substance of the motion;

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WHEREAS, Plaintiff effected service of the Complaint upon Defendant Oahu Air
Conditioning (“OAC”) on November 14, 2013;
WHEREAS OAC’s responsive pleading, whether in the form of an Answer or
Rule 12 Motion to Dismiss, is due on or before December 5, 2013;
IT IS HEREBY STIPULATED:

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1.

The deadline for PCS and OAC to respond to the Complaint by answer or

motion pursuant to Rule 12 of the Federal Rules of Civil Procedure shall be December 13, 2013.
2.

If PCS files a Rule 12 motion, Plaintiff’s opposition to the motion shall be

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filed on or before January 7, 2014. PCS’ reply shall be filed on or before January 14, 2014.

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PCS’ motion shall be heard on January 21, 2014, at 2:00 p.m. in Courtroom 5, the same date and

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time as the Scheduling Conference. Likewise, if OAC files a Rule 12 motion, it will follow the

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above-mentioned briefing schedule.

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Date: November ___, 2013

CHOLAKIAN & ASSOCIATES

Date: November ___, 2013

By: ______________________________
David W. Tate
Attorneys for Plaintiff
CAROLINA CASUALTY INSURANCE CO.
DONGELL LAWRENCE FINNEY LLP

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STIPULATION AND [PROPOSED] ORDER RE: DEADLINE TO RESPOND TO
FIRST AMENDED COMPLAINT AND SETTING SCHEDULE ON MOTIONS TO DISMISS

By: ______
__________
___________
______
Chri
istopher T. J
Johnson
Attorneys fo Defendan
for
nt
PACIFIC C
COMMERCI
IAL SERVIC LLC
CES

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Date: Novem
D
mber ___, 20
013

BASSI EDL HUIE & BLUM LL
LIN
LP

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By: ______
__________
___________
______
Farh
heena A. Hab
bib
Attorneys fo Defendan
for
nt
OAHU AIR CONDITIO
R
ONING COMPANY

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IT IS SO ORDERED
D.

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Dated: Decem
D
mber 2, 2013
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STIPULAT
TION AND [PR
ROPOSED] ORD
DER RE: DEAD
DLINE TO RESP
POND TO
FIRST AMENDE COMPLAIN AND SETTIN SCHEDULE ON MOTION TO DISMISS
F
ED
NT
ING
E
NS
S

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PROOF OF SERVICE THROUGH ECF FILE & SERVE

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I, Lissette M. Fernandez, declare:

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I am employed in the County of Los Angeles, State of California. I am over the age of 18

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and not a party to the within action; my business address is 707 Wilshire Boulevard, 45th Floor,

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Los Angeles, CA 90017-3609. On December 2, 2013, I served a copy of the foregoing

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document on the date set forth below, described as follows:

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STIPULATION AND [PROPOSED] ORDER RE: DEADLINE TO RESPOND TO FIRST

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AMENDED COMPLAINT AND SETTING SCHEDULE ON MOTIONS TO DISMISS

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By:

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California website at : https://ecf.cand.uscourts.gov.

[X]

Filing and serving directly through ECF/Pacer at the USDC – Eastern District of

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I declare under penalty of perjury under the laws of the United States of America that the

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foregoing is true and correct and that this declaration was executed on December 2, 2013, at Los

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Angeles, California.

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___________________________________
Lissette M. Fernandez

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STIPULATION AND [PROPOSED] ORDER RE: DEADLINE TO RESPOND TO
FIRST AMENDED COMPLAINT AND SETTING SCHEDULE ON MOTIONS TO DISMISS

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SERVICE LIST (via Electronic Mail & U.S. Mail)
Carolina Casualty Insurance Company v. Oahu Air Conditioning Service, Inc.
United States District Court—Eastern District of California
Case No. 3:06-cv-07164-NC

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David W. Tate
Cholakian & Associates
400 Oyster Point Blvd., Suite 415
South San Francisco, CA 94080

Counsel for Plaintiff, Carolina Casualty
Insurance Co.

Farheena A. Habib
Bassi Edlin Huie & Blum
500 Washington Street, Suite 700
San Francisco, California 94111

Counsel for Defendant, Oahu Air
Conditioning Co.

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STIPULATION AND [PROPOSED] ORDER RE: DEADLINE TO RESPOND TO
FIRST AMENDED COMPLAINT AND SETTING SCHEDULE ON MOTIONS TO DISMISS