Scottsdale Insurance Company v. Syngen Inc et al

Filing 10

STIPULATION and ORDER signed by Judge John A. Mendez on 4/24/15 ORDERING that Defendants shall have to and including May 26, 2015, to move, answer, or otherwise respond to Plaintiff's Complaint. (Kastilahn, A)

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1 2 3 4 5 6 Mary E. McCutcheon (State Bar No. 099939) mmccutcheon@fbm.com Tyler C. Gerking (State Bar No. 222088) tgerking@fbm.com Farella Braun + Martel LLP 235 Montgomery Street, 17th Floor San Francisco, CA 94104 Telephone: (415) 954-4400 Facsimile: (415) 954-4480 Attorneys for Defendant SYNGEN, INC. 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 SACRAMENTO DIVISION 11 SCOTTSDALE INSURANCE COMPANY, an Ohio corporation, 12 Plaintiff, 13 Case No. 2:15-cv-00142-JAM-DA STIPULATION FOR SECOND EXTENSION OF TIME TO RESPOND TO COMPLAINT AND ORDER (L.R. 144) v. 14 15 16 17 SYNGEN, INC., a California corporation, PHILIP COELHO, an individual, PRINCE EMMANUEL, an individual, and TERRENCE WOLF, an individual, Complaint filed: Complaint served: Current response date: New response date: January 16, 2015 February 6, 2015 April 28, 2015 May 26, 2015 Defendants. 18 19 Plaintiff SCOTTSDALE INSURANCE COMPANY (“Plaintiff”) and Defendants 20 SYNGEN, INC., PHILIP COELHO, PRINCE EMMANUEL, and TERRENCE WOLF 21 (“Defendants”), by and through their respective counsel, hereby stipulate and agree as follows: 22 WHEREAS, on January 16, 2015, Plaintiff filed its Complaint in this action; 23 WHEREAS, on February 6, 2015, Plaintiff served Defendants with a copy of the 24 25 26 27 28 Farella Braun + Martel LLP 235 Montgomery Street, 17th Floor San Francisco, CA 94104 (415) 954-4400 Complaint and Summons in a Civil Action; WHEREAS, pursuant to Federal Rule of Civil Procedure 12(a), Defendants initially needed to file and serve a response to Plaintiff’s Complaint on or before April 7, 2015; WHEREAS, on April 3, 2015, the parties stipulated to an initial 21-day extension of time for Defendants to respond to Plaintiff’s Complaint to and including April 28, 2015 pursuant to STIP FOR 2ND EXTENSION OF TIME TO RESPOND TO COMPLAINT & PROPOSED ORDER -- 2:15-CV-00142-JAM-DA 30924\4852462.1 1 2 3 4 5 6 7 8 9 10 11 Civil Local Rule 144; WHEREAS, the parties are now engaged in negotiations that, if successful, could lead to an interim resolution of all issues raised in Plaintiff’s Complaint; WHEREAS, the parties wish to extend the deadline for Defendants to respond to the Complaint by an additional 28 days to determine if an interim resolution can be achieved; WHEREAS, this is the parties’ second stipulation to extend the deadline for Defendants to respond to the Complaint; NOW, THEREFORE, THE PARTIES HEREBY AGREE AND STIPULATE THAT Defendants shall have to and including May 26, 2015, to move, answer, or otherwise respond to Plaintiff’s Complaint. IT IS SO STIPULATED. 12 Dated: April 23, 2015 FARELLA BRAUN + MARTEL LLP 13 I represent that concurrence in the filing of this document has been obtained from the other signatory, which shall serve in lieu of his signature on this document. By: /s/ Tyler C. Gerking Tyler C. Gerking 14 15 Attorneys for Defendant SYNGEN, INC. 16 17 18 Dated: April 23, 2015 KAUFMAN DOLOWICH & VOLUCK, LLP 19 20 By: /s/ Louis H. Castoria Louis H. Castoria 21 Attorneys for Plaintiff SCOTTSDALE INSURANCE COMPANY 22 23 24 PURSUANT TO STIPULATION, IT IS SO ORDERED 25 26 Dated: 4/24/2015 /s/ John A. Mendez____________ Hon. John A. Mendez United States District Court Judge 27 28 Farella Braun + Martel LLP 235 Montgomery Street, 17th Floor San Francisco, CA 94104 (415) 954-4400 STIP FOR 2ND EXTENSION OF TIME TO RESPOND TO COMPLAINT & PROPOSED ORDER -- 2:15-CV-00142-JAM-DA -2- 30924\4852462.1

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