Scottsdale Insurance Company v. Syngen Inc et al

Filing 14

STIPULATION and ORDER signed by Judge John A. Mendez on 6/2/2015 ORDERING that defendants shall have to and including 6/9/2015 to respond to plaintiff's complaint. (Zignago, K.)

1
2
3
4
5
6

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.

7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10

SACRAMENTO DIVISION

11

SCOTTSDALE INSURANCE COMPANY,
an Ohio corporation,

12
Plaintiff,
13
v.
14
15
16
17

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-DA
STIPULATION FOR FOURTH
EXTENSION OF TIME TO RESPOND TO
COMPLAINT AND 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
June 2, 2015
June 9, 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
[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 4TH EXTENSION OF TIME TO
RESPOND TO COMPLAINT & PROPOSED
ORDER -- 2:15-CV-00142-JAM-DA

30924\4896382.2

1
2
3
4

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 stipulated to a further extension of time for Defendants to respond

5

to Plaintiff’s Complaint to and including June 2, 2015 pursuant to Civil Local Rule 144 after

6

reaching an agreement in principle to an interim resolution of all issues raised in Plaintiff’s

7

Complaint that includes an agreement to stay this action pending final resolution of the

8

underlying litigation;

9
10
11

WHEREAS, one final issue has been unexpectedly raised today (June 2, 2015) that the
parties need some limited additional time to resolve;
WHEREAS, the parties wish to extend the deadline for Defendants to respond to the

12

Complaint by an additional 7 days to allow them to finalize the interim resolution agreement and

13

stipulation and proposed order for stay;

14
15
16

WHEREAS, this is the parties’ fourth stipulation to extend the deadline for Defendants to
respond to the Complaint;
NOW, THEREFORE, THE PARTIES HEREBY AGREE AND STIPULATE THAT

17

Defendants shall have to and including June 9, 2015, to move, answer, or otherwise respond to

18

Plaintiff’s Complaint.

19

IT IS SO STIPULATED.

20
21

Dated: June 2, 2015

FARELLA BRAUN + MARTEL LLP

22

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

23
24

Attorneys for Defendant
SYNGEN, INC.

25
26
27
28
Farella Braun + Martel LLP
235 Montgomery Street, 17th Floor
San Francisco, CA 94104
[phone]

STIP FOR 4TH EXTENSION OF TIME TO
RESPOND TO COMPLAINT & PROPOSED
ORDER -- 2:15-CV-00142-JAM-DA

-2-

30924\4896382.2

1

Dated: June 2, 2015

KAUFMAN DOLOWICH & VOLUCK, LLP

2
3

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

4
Attorneys for Plaintiff
SCOTTSDALE INSURANCE COMPANY

5
6
7

PURSUANT TO STIPULATION, IT IS SO ORDERED.

8
9
10

Dated: 6/2/2015

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

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Farella Braun + Martel LLP
235 Montgomery Street, 17th Floor
San Francisco, CA 94104
[phone]

STIP FOR 4TH EXTENSION OF TIME TO
RESPOND TO COMPLAINT & PROPOSED
ORDER -- 2:15-CV-00142-JAM-DA

-3-

30924\4896382.2