Nationwide Agribusiness Insurance Company v. Hill Country Bakery, LLC et al

Filing 6

STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr. on 3/12/2015 ORDERING that both Defendants shall have through and including 4/13/2015, to respond to Plaintiff's initial Complaint. (Zignago, K.)

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HAYNES AND BOONE, LLP
Kenneth G. Parker (Bar No. 182911)
[e-mail]
Christopher B. Maciel (Bar No. 300733)
[e-mail]
600 Anton Blvd., Suite 700
Costa Mesa, California 92626
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
Hill Country Bakery, LLC

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA – SACRAMENTO DIVISION

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NATIONWIDE AGRIBUSINESS
INSURANCE COMPANY, an Iowa )
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corporation,
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Plaintiff,
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vs.
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HILL COUNTRY BAKERY, LLC, )
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a Texas limited liability company;
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AUSTIN FREIGHT SYSTEMS,
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INC., a Texas corporation; and
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DOES 1 through 30, inclusive,
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Defendants.
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Case No. 2:15−CV−00488−MCE−CMK
ASSIGNED TO:
Chief Judge Morrison C. England, Jr.
REFERRED TO:
Magistrate Judge Craig M. Kellison
JOINT MOTION AND
STIPULATION TO EXTEND
DEFENDANTS’ TIME TO
RESPOND TO INITIAL
COMPLAINT; ORDER THEREON
Complaint Filed: February 4, 2015

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JOINT MOTION AND STIPULATION TO EXTEND DEFENDANTS’ TIME TO
RESPOND TO INITIAL COMPLAINT

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WHEREAS, Plaintiff NATIONWIDE AGRIBUSINESS

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INSURANCE COMPANY. (“Plaintiff”) filed a Complaint in the within action on

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February 4, 2015 and served it sometime after February 4, 2015;
WHEREAS, HILL COUNTRY BAKERY, LLC and AUSTIN

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FREIGHT SYSTEMS, INC. (collectively “Defendants”) filed Notice of Removal

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on March 4, 2015;
WHEREAS , this action is related to an earlier-filed action pending

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before Judge Garland E. Burrell, Jr. entitled Crain Walnut Shelling, Inc. v. Hill

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Country Bakery, LLC, et al., United States District Court Case No. 2:15-CV-

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00034-GEB-CMK (the “Crain Action”) because the Plaintiff is seeking

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subrogation related to the allegations of the Crain Action;
WHEREAS, one or more of the parties will file Notice of Related

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Case regarding this action and the Crain Action;

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WHEREAS, the parties desire to pursue settlement discussion of this

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action and the Crain Action and also to set response dates that are the same dates;

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and

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WHEREAS, the parties have agreed that both Defendants may have

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additional time to respond to the initial Complaint to enable the parties to further

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discuss the merits of their respective claims and defenses and the potential to

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resolve this action without the need for further litigation;

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IT IS HEREBY STIPULATED AND AGREED between the parties,

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by and through their counsel of record, and the parties hereby move this Court, as

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necessary, for an order providing, that Defendants shall have through and including

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April 13, 2015, to respond to Plaintiff’s initial Complaint.

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JOINT MOTION AND STIPULATION TO EXTEND DEFENDANTS’ TIME TO
RESPOND TO INITIAL COMPLAINT

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DATED: March 10, 2015

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HAYNES AND BOONE, LLP
Kenneth G. Parker
By:

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/s/ Kenneth G. Parker
Kenneth G. Parker
Attorneys for Defendant
Hill Country Bakery, LLC

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MAIRE BURGEES & DEEDON
Patrick L. Deedon

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By:

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LAW OFFICE OF MCCARTHY &
BEAVERS
Jeffery Alan Korinko

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By:

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/s/ Patrick L. Deedon
Patrick L. Deedon
Attorneys for Defendant
Austin Freight Systems, Inc.
(as authorized on March 10, 2015)

/s/ Jeffery Alan Korinko
Jeffery Alan Korinko
Attorneys for Plaintiff
Nationwide Agribusiness Insurance
Company
(as authorized on March 10, 2015)

ORDER
The Court having reviewed the foregoing Stipulation, and good cause
appearing therefor:
IT IS HEREBY ORDERED that both Defendants shall have through and
including April 13, 2015, to respond to Plaintiff’s initial Complaint.
Dated: March 12, 2015

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JOINT MOTION AND STIPULATION TO EXTEND DEFENDANTS’ TIME TO
RESPOND TO INITIAL COMPLAINT