Fidelity & Guaranty Life Insurance Company v. Chiang

Filing 18

STIPULATION and ORDER signed by Judge John A. Mendez on 12/19/2013 ORDERING that Defendant shall have an EXTENSION to and including 3/14/2014 to file a pleading or motion in response to the Complaint. (Zignago, K.)

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1 2 3 4 5 6 Richard J. Chivaro (SBN 124391) OFFICE OF THE STATE CONTROLLER 300 Capitol Mall, Suite 1850 Sacramento, California 95814 Telephone: (916) 445-6854 Facsimile: (916) 322-1220 Email: rchivaro@sco.ca.gov Attorneys for Defendant, JOHN CHIANG, in his official capacity as CONTROLLER OF THE STATE OF CALIFORNIA 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 SACRAMENTO DIVISION 10 11 FIDELITY & GUARANTY LIFE INSURANCE COMPANY; 12 Plaintiff, 13 v. 14 15 16 JOHN CHIANG, in his official capacity as CONTROLLER OF THE STATE OF CALIFORNIA, Defendant. 17 18 ___________________________________ ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 2:13-cv-02317-JAM-CKD SECOND STIPULATION AND ORDER FOR EXTENSION OF TIME FOR DEFENDANT JOHN CHIANG TO RESPOND TO COMPLAINT [Local Rule 144] Exempt from Fees (Gov. Code § 6103) Complaint Filed: November 6, 2013 19 20 21 22 23 24 25 26 27 28 1 SECOND STIPULATION AND [PROPOSED] ORDER FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT DOCS-#3995397-v1 1 Plaintiff Fidelity & Guaranty Life Insurance Company (“Plaintiff” or “FGL”) and Defendant 2 John Chiang, in his official capacity as Controller of the State of California (“Defendant” or the 3 “Controller”), by and through their counsel, stipulate as follows: 4 WHEREAS, Plaintiff initiated this action by filing its Complaint on November 6, 2013; 5 WHEREAS, Defendant was served with the Complaint on November 7, 2013; 6 WHEREAS, Defendant obtained approval from the California Attorney General to retain 7 outside counsel to represent the Controller in this case pursuant to California Government Code § 8 11040; 9 10 11 WHEREAS, the Controller needed additional time to respond to the Complaint, whether through his preferred counsel or otherwise; WHEREAS, FGL and the Controller stipulated to a continuance of the Controller’s deadline 12 to respond to the Complaint, continuing the deadline to January 15, 2014 by way of written 13 stipulation filed with the Court on November 26, 2013 (Docket No. 15); 14 15 16 WHEREAS, the Court approved the stipulation by its Order entered on November 27, 2013 (Docket No. 16); WHEREAS, an issue regarding an alleged conflict of interest regarding the Controller’s 17 counsel of choice has arisen and is the subject of ongoing factual investigation, legal analysis and 18 discussions between the parties; 19 20 21 WHEREAS, the Controller’s counsel of choice has refrained from taking on representation in connection with this action pending completion of such investigation, analysis and discussions; and WHEREAS, the parties believe the underlying facts and corresponding legal issues require 22 further discussions, which have necessitated another extension of time for the Controller to respond 23 to the Complaint: 24 IT IS HEREBY STIPULATED, subject to the Court’s approval, that Defendant shall have an 25 extension to and including March 14, 2014 to file a response to the Complaint. IT IS FURTHER 26 STIPULATED that the Controller and his auditors shall refrain from requiring FGL to comply with 27 any unclaimed property audit through March 14, 2014. In so stipulating, the parties understand and 28 acknowledge that the Controller preserves all rights, remedies, and defenses that he has at this time, 2 SECOND STIPULATION AND [PROPOSED] ORDER FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT 1 including, without limitation, his rights under the United States Constitution (including, without 2 limitation, the Tenth and Eleventh Amendments), the Constitution of the State of California, 3 sovereign immunity and federalism principles, and any and all other applicable law. 4 Dated: December 19, 2013 By: /s/Richard J. Chivaro 5 Richard J. Chivaro (SBN 124391) OFFICE OF THE STATE CONTROLLER 300 Capitol Mall, Suite 1850 Sacramento, California 95814 Telephone: (916) 445-6854 Facsimile: (916) 322-1220 Email: rchivaro@sco.ca.gov 6 7 8 9 Attorneys for Defendant, JOHN CHIANG, in his official capacity as CONTROLLER OF THE STATE OF CALIFORNIA 10 11 12 Dated: December 19, 2013 13 By: /s/David L. Sasseville David L. Sasseville LINDQUIST & VENNUM LLP 4200 IDS Center 80 South Eighth Street Minneapolis, MN 55402 Telephone: (612) 371-3211 Facsimile: (612) 371-3207 E-mail: dsasseville@lindquist.com 14 15 16 17 18 19 ORDER 20 Pursuant to the stipulation between Plaintiff and Defendant, Defendant shall have an 21 extension to and including March 14, 2014 to file a pleading or motion in response to the 22 Complaint. IT IS SO ORDERED. 23 Dated: December 19, 2013 /s/ John A. Mendez________________ Honorable John A. Mendez U. S. District Court Judge 24 25 26 27 28 3 SECOND STIPULATION AND [PROPOSED] ORDER FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT

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