Fidelity & Guaranty Life Insurance Company v. Chiang

Filing 16

STIPULATION and ORDER signed by Judge John A. Mendez on 11/26/13. Defendant shall have until 1/15/14 to file a responsive pleading to the complaint. (Manzer, C)

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Richard J. Chivaro (SBN 124391)
OFFICE OF THE STATE CONTROLLER
300 Capitol Mall, Suite 1850
Sacramento, California 95814
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Defendant, JOHN CHIANG,
in his official capacity as CONTROLLER OF
THE STATE OF CALIFORNIA

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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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FIDELITY & GUARANTY LIFE
INSURANCE COMPANY;
Plaintiff,
v.
JOHN CHIANG, in his official capacity
as CONTROLLER OF THE STATE OF
CALIFORNIA,
Defendant.

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Case No. 2:13-cv-02317-JAM-CKD
STIPULATION AND ORDER FOR
EXTENSION OF TIME FOR DEFENDANT
JOHN CHIANG TO RESPOND TO
COMPLAINT
[Local Rule 144(c)]
Exempt from Fees
(Gov. Code § 6103)
Complaint Filed: November 6, 2013

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STIPULATION AND [PROPOSED] ORDER FOR EXTENSION OF TIME TO REPOND TO COMPLAINT

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Plaintiff Fidelity & Guaranty Life Insurance Company (“Plaintiff” or “FGL”) and Defendant

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John Chiang, in his official capacity as Controller of the State of California (“Defendant” or the

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“Controller”), by and through their counsel, stipulate as follows:

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WHEREAS, Plaintiff initiated this action by filing its Complaint on November 6, 2013;

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WHEREAS, Defendant was served with the Complaint on November 7, 2013;

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WHEREAS, the Court’s docket indicates that the Controller’s response to the Complaint is

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due on November 29, 2013;
WHEREAS, Defendant recently obtained approval from the California Attorney General to
retain outside counsel to represent the Controller in this case pursuant to California Government
Code § 11040;
WHEREAS, the Controller needs additional time to respond to the Complaint, whether
through his preferred counsel or otherwise; and
WHEREAS, Plaintiff and Defendant have not agreed to any previous extensions of time to
respond to the Complaint;
IT IS HEREBY STIPULATED, subject to the Court’s approval, that Defendant shall have an

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extension to and including January 15, 2014 to file a response to the Complaint. IT IS FURTHER

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STIPULATED that the Controller and his auditors shall refrain from requiring FGL to comply with

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any unclaimed property audit through January 15, 2014. In so stipulating, the parties understand and

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acknowledge that the Controller preserves all rights, remedies, and defenses that he has at this time,

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including, without limitation, his rights under the United States Constitution (including, without

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limitation, the Tenth and Eleventh Amendments), the Constitution of the State of California,

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sovereign immunity and federalism principles, and any and all other applicable law.

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STIPULATION AND [PROPOSED] ORDER FOR EXTENSION OF TIME TO REPOND TO COMPLAINT

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Dated: November 25, 2013

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By:/s/___________________________

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Richard J. Chivaro (SBN 124391)
OFFICE OF THE STATE CONTROLLER
300 Capitol Mall, Suite 1850
Sacramento, California 95814
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Attorneys for Defendant, JOHN CHIANG,
in his official capacity as CONTROLLER OF
THE STATE OF CALIFORNIA

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Dated: November 25, 2013

By:/s/

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David L. Sasseville
LINDQUIST & VENNUM LLP
4200 IDS Center
80 South Eighth Street
Minneapolis, MN 55402
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]

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ORDER

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Pursuant to the stipulation between Plaintiff and Defendant, Defendant shall have an
extension to and including January 15, 2014 to file a pleading or motion in response to the
Complaint. IT IS SO ORDERED.
Dated: November 26, 2013

/s/ John A. Mendez________________
Honorable John A. Mendez
United States District Court Judge

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STIPULATION AND [PROPOSED] ORDER FOR EXTENSION OF TIME TO REPOND TO COMPLAINT