Fidelity & Guaranty Life Insurance Company v. Chiang

Filing 22

STIPULATION and ORDER 21 signed by Judge John A. Mendez on 2/24/14 ORDERING the Controller to respond to the Complaint on or before 4/30/2014. The parties shall have until 5/16/2014 to submit a joint status report. (Kastilahn, A)

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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;

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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
STIPULATION AND ORDER FOR (1)
EXTENSION OF TIME FOR
DEFENDANT JOHN CHIANG TO
RESPOND TO COMPLAINT; and (2)
EXTENSION OF TIME FOR PARTIES
TO MEET AND CONFER AND
SUBMIT RULE 26(f) JOINT STATUS
REPORT
Exempt from Fees
(Gov. Code § 6103)
Complaint Filed: November 6, 2013

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STIPULATION AND [PROPOSED] ORDER FOR (1) EXTENSION OF TIME FOR DEFENDANT JOHN CHIANG TO RESPOND TO
COMPLAINT; and (2) EXTENSION OF TIME FOR PARTIES TO MEET AND CONFER AND SUBMIT RULE 26(f) JOINT STATUS REPORT

Plaintiff Fidelity & Guaranty Life Insurance Company (“Plaintiff” or “FGL”) and Defendant
John Chiang, in his official capacity as Controller of the State of California (“Defendant” or the
“Controller”), by and through their counsel, stipulate as follows:
WHEREAS, Plaintiff initiated this action by filing its Complaint on November 6, 2013;
WHEREAS, Defendant was served with the Complaint on November 7, 2013;
WHEREAS, the Court entered an Order Requiring Joint Status Report (Docket No. 5, the
“Status Report Order”) on November 7, 2013;
WHEREAS, the Status Report Order requires the parties to prepare and submit to the Court a
joint status report that includes their Rule 26(f) discovery plan within sixty (60) days of service of
the Complaint;
WHEREAS, in this case, the parties’ joint status report was initially due on or before January
7, 2014;
WHEREAS, Defendant 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, an issue regarding an alleged conflict of interest regarding the Controller’s
counsel of choice arose and remains the subject of ongoing discussion between the parties;
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
to respond to the Complaint, continuing the deadline to January 15, 2014 by way of written
stipulation filed with the Court on November 26, 2013 (Docket No. 15, the “First Stipulation”);
WHEREAS, the Court approved the First Stipulation by its Order entered on November 27,
2013 (Docket No. 16);
WHEREAS, the parties determined that the ongoing discussions necessitated another
extension of time for the Controller to respond to the Complaint;

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STIPULATION AND [PROPOSED] ORDER FOR (1) EXTENSION OF TIME FOR DEFENDANT JOHN CHIANG TO RESPOND TO
COMPLAINT; and (2) EXTENSION OF TIME FOR PARTIES TO MEET AND CONFER AND SUBMIT RULE 26(f) JOINT STATUS REPORT

WHEREAS, on December 19, 2013, the parties executed and filed a joint stipulation
providing Defendant an extension to and including March 14, 2014 to file a response to the
Complaint (Docket No. 17, the “Second Stipulation”);
WHEREAS, the Court approved the Second Stipulation by its Order entered on December
20, 2013 (Docket No. 18)
WHEREAS, the discussions regarding an alleged conflict are ongoing regarding the
Controller’s counsel of choice;
WHEREAS, the parties agree that additional time is needed for analysis and evaluation
before the Controller can make a decision regarding his choice of counsel in this matter;
WHEREAS, in light of the above, and subject to the Court’s approval, the parties have
agreed to a continuance of the deadline imposed by the Status Report Order;
WHEREAS, the parties have continued in good faith to investigate and examine the issues
surrounding legal representation of the Controller in this matter, which includes among other things
recently confirming the existence of approximately 85 boxes of documents in New York City, and
additional documents that may be relevant to the representation issues, all of which are in the
process of being delivered or transported to the offices of Plaintiff’s counsel in Minneapolis;
WHEREAS, the Controller likely will not have adequate time to make an informed,
definitive decision regarding selection of counsel in this matter before the completion of document
review and March 14, 2014, which is the current due date for the Controller to answer or otherwise
respond to the Complaint in this matter;
WHEREAS, the parties believe a further extension of 45 days will enable them to complete
their review and ongoing discussions regarding the legal representation issues, and allow the
Controller adequate time to prepare its response with his preferred counsel of choice or engage
separate counsel if the Controller concludes he is required by the facts and applicable law to do so;
NOW, THEREFORE,
The parties stipulate and agree that the Controller shall answer or otherwise respond to the
Complaint on or before April 30, 2014.
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STIPULATION AND [PROPOSED] ORDER FOR (1) EXTENSION OF TIME FOR DEFENDANT JOHN CHIANG TO RESPOND TO
COMPLAINT; and (2) EXTENSION OF TIME FOR PARTIES TO MEET AND CONFER AND SUBMIT RULE 26(f) JOINT STATUS REPORT

The parties further stipulate and agree that that the parties shall have until May 16, 2014 to
submit the joint status report required by the Status Report Order.
Dated: February 24, 2014

By: /s/Richard J. Chivaro
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

Dated: February 24, 2014

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

ORDER
Pursuant to the stipulation between Plaintiff and Defendant, the Controller shall answer or
otherwise respond to the Complaint on or before April 30, 2014. The parties shall have until May
16, 2014 to submit the joint status report required by the Status Report Order. IT IS SO
ORDERED.
Dated: February 24, 2014

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

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STIPULATION AND [PROPOSED] ORDER FOR (1) EXTENSION OF TIME FOR DEFENDANT JOHN CHIANG TO RESPOND TO
COMPLAINT; and (2) EXTENSION OF TIME FOR PARTIES TO MEET AND CONFER AND SUBMIT RULE 26(f) JOINT STATUS REPORT