Scottsdale Insurance Company v. Syngen Inc et al

Filing 12

STIPULATION and ORDER signed by Judge John A. Mendez on 5/26/2015 and agreed between the parties, that defendants shall have to and including 6/2/2015 to move, answer, or otherwise respond to plaintiff's complaint.(Yin, K)

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Mary E. McCutcheon (State Bar No. 099939)
[e-mail]
Tyler C. Gerking (State Bar No. 222088)
[e-mail]
Farella Braun + Martel LLP
235 Montgomery Street, 17th Floor
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
SYNGEN, INC.

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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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SCOTTSDALE INSURANCE COMPANY,
an Ohio corporation,

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Plaintiff,
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v.
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SYNGEN, INC., a California corporation,
PHILIP COELHO, an individual, PRINCE
EMMANUEL, an individual, and
TERRENCE WOLF, an individual,

Case No. 2:15-cv-00142-JAM-DAD
STIPULATION FOR THIRD EXTENSION
OF TIME TO RESPOND TO
COMPLAINT AND PROPOSED ORDER
IN LIGHT OF PARTIES’ INTERIM
RESOLUTION (L.R. 144)
Complaint filed:
Complaint served:
Current response date:
New response date:

January 16, 2015
February 6, 2015
May 26, 2015
June 2, 2015

Defendants.

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Plaintiff SCOTTSDALE INSURANCE COMPANY (“Plaintiff”) and Defendants

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SYNGEN, INC., PHILIP COELHO, PRINCE EMMANUEL, and TERRENCE WOLF

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(“Defendants”), by and through their respective counsel, hereby stipulate and agree as follows:

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WHEREAS, on January 16, 2015, Plaintiff filed its Complaint in this action;

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WHEREAS, on February 6, 2015, Plaintiff served Defendants with a copy of the

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Farella Braun + Martel LLP
235 Montgomery Street, 17th Floor
San Francisco, CA 94104
[phone]

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 3RD EXTENSION OF TIME TO
RESPOND TO COMPLAINT & PROPOSED
ORDER -- 2:15-CV-00142-JAM-DA

30924\4896382.1

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Civil Local Rule 144;
WHEREAS, the parties stipulated to a further extension of time for Defendants to respond
to Plaintiff’s Complaint to and including May 26, 2015 pursuant to Civil Local Rule 144;
WHEREAS, the parties have now agreed in principle to an interim resolution of all issues

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raised in Plaintiff’s Complaint that includes an agreement to stay this action pending final

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resolution of the underlying litigation, and the parties are currently finalizing a written interim

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resolution agreement, as well as a stipulation and proposed order staying this action;

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WHEREAS, the parties wish to extend the deadline for Defendants to respond to the
Complaint by an additional 7 days to allow them to finalize the interim resolution agreement and
stipulation and proposed order for stay;
WHEREAS, this is the parties’ third stipulation to extend the deadline for Defendants to
respond to the Complaint;
NOW, THEREFORE, THE PARTIES HEREBY AGREE AND STIPULATE THAT

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Defendants shall have to and including June 2, 2015, to move, answer, or otherwise respond to

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Plaintiff’s Complaint.

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IT IS SO STIPULATED.

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Dated: May 26, 2015

FARELLA BRAUN + MARTEL LLP

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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

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Attorneys for Defendant
SYNGEN, INC.

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Dated: May 26, 2015

KAUFMAN DOLOWICH & VOLUCK, LLP

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By: /s/ Louis H. Castoria
Louis H. Castoria

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Attorneys for Plaintiff
SCOTTSDALE INSURANCE COMPANY

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Farella Braun + Martel LLP
235 Montgomery Street, 17th Floor
San Francisco, CA 94104
[phone]

STIP FOR 3RD EXTENSION OF TIME TO
RESPOND TO COMPLAINT & PROPOSED
ORDER -- 2:15-CV-00142-JAM-DA

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30924\4896382.1

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: 5/26/2015

/s/ John A. Mendez_____________
Hon. John A. Mendez
United States District Court Judge

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Farella Braun + Martel LLP
235 Montgomery Street, 17th Floor
San Francisco, CA 94104
[phone]

STIP FOR 3RD EXTENSION OF TIME TO
RESPOND TO COMPLAINT & PROPOSED
ORDER -- 2:15-CV-00142-JAM-DA

-3-

30924\4896382.1