Fidelity & Guaranty Life Insurance Company v. Chiang
Filing
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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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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
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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;
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Plaintiff,
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v.
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JOHN CHIANG, in his official
capacity as CONTROLLER OF
THE STATE OF CALIFORNIA,
Defendant.
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___________________________________
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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
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SECOND STIPULATION AND [PROPOSED] ORDER FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT
DOCS-#3995397-v1
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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, Defendant obtained approval from the California Attorney General to retain
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outside counsel to represent the Controller in this case pursuant to California Government Code §
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11040;
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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
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to respond to the Complaint, continuing the deadline to January 15, 2014 by way of written
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stipulation filed with the Court on November 26, 2013 (Docket No. 15);
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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
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counsel of choice has arisen and is the subject of ongoing factual investigation, legal analysis and
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discussions between the parties;
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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
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further discussions, which have necessitated another extension of time for the Controller to respond
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to the Complaint:
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IT IS HEREBY STIPULATED, subject to the Court’s approval, that Defendant shall have an
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extension to and including March 14, 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 March 14, 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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SECOND STIPULATION AND [PROPOSED] ORDER FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT
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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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Dated: December 19, 2013
By: /s/Richard J. Chivaro
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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
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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: December 19, 2013
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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
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ORDER
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Pursuant to the stipulation between Plaintiff and Defendant, Defendant shall have an
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extension to and including March 14, 2014 to file a pleading or motion in response to the
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Complaint. IT IS SO ORDERED.
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Dated: December 19, 2013
/s/ John A. Mendez________________
Honorable John A. Mendez
U. S. District Court Judge
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SECOND STIPULATION AND [PROPOSED] ORDER FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT
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