Camp Richardson Resort, Inc. v. Philadelphia Indemnity Insurance Company

Filing 30

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 03/22/16 ORDERING the the hearing on the 23 Motion to Dismiss is RESET for 5/19/2016 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley; the briefing deadlines are extended coexistent with the continued hearing date. (Benson, A)

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JAMES J. BANKS (SBN 119525)
[e-mail]
ROBERTA LINDSEY SCOTT (SBN 117023)
[e-mail]
BANKS & WATSON
901 F Street, Suite 200
Sacramento, CA 95814-2403
[phone]
[phone] (facsimile)
Attorneys for Plaintiff
CAMP RICHARDSON RESORT, INC.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CAMP RICHARDSON RESORT, INC.,
Plaintiff,

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v.

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PHILADELPHIA INDEMNITY
INSURANCE COMPANY,

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Defendant.

Case No.: 2:15-CV-01101-TLN-AC
STIPULATION AND ORDER TO CONTINUE
DEFENDANT PHILADELPHIA INDEMNITY
INSURANCE COMPANY’S MOTION TO
DISMISS FIRST AMENDED COMPLAINT AND
RELATED BRIEFING DEADLINES
[L.R. 230(f), 143, 144]
Hon. Judge Troy Nunley

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Plaintiff Camp Richardson Resort, Inc. (“CRR”) and defendant Philadelphia Indemnity
Insurance Company (“Philadelphia”) through their respective counsel stipulate as follows:

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WHEREAS, on February 16, 2016, Philadelphia filed a Motion to Dismiss CRR’s First

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Amended Complaint pursuant to Federal Rules of Civil Procedure Rule 12(b)(6) and set a hearing on the

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motion for April 7, 2016. CRR must file an opposition to the motion on or before March 24, 2016;

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WHEREAS, Banks & Watson, counsel of record to Camp Richardson Resort, Inc., is counsel of

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record for a party in an arbitration pending before the Hon. Richard Gilbert. Judge Gilbert issued a

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scheduling order on March 8, 2016 with multiple briefing deadlines and hearings from March and

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through early April 2016, which conflict with the opposition deadline in the instant motion. This coupled

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with other filing deadlines caused CRR’s counsel to seek an extension of time to oppose Philadelphia’s
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STIPULATION AND ORDER TO CONTINUE DEFENDANT’S MOTION TO DISMISS

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pending Motion to Dismiss;
WHEREAS, counsel for the parties stipulate that the hearing on Philadelphia’s Motion to
Dismiss can be continued to May 19, 2016;

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WHEREAS, pursuant to stipulation, Philadelphia sought and was granted a first extension to

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respond to CRR’s complaint in June 2015 and a second extension of time to respond to CRR’s complaint

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in July 2015;

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WHEREAS, pursuant to stipulation, CRR sought and was granted an extension of time to file a

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First Amended Complaint in December 2015, and Philadelphia sought and was granted an extension to

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file a response to the First Amended Complaint in January 2016; and

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WHEREAS, this is the first extension of time that CRR has requested to oppose Philadelphia’s
Motion to Dismiss the First Amended Complaint.

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THEREFORE, CRR and Philadelphia stipulate that, subject to this Court’s order, the hearing on

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Philadelphia’s Motion to Dismiss the First Amended Compliant be continued to May 19, 2016 at 2:00

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p.m., and that the briefing deadlines be extended coexistent with the continued hearing date pursuant to

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Eastern District Local Rule 230(f), 143 and 144.

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Dated: March 18, 2016

BANKS & WATSON

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By:

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Dated: March 18, 2016

/s/
ROBERTA LINDSEY SCOTT
Attorneys for Plaintiff
CAMP RICHARDSON RESORT, INC.
NIELSEN, HALEY & ABBOTT LLP

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By:

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IT IS SO ORDERED.

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/s/
DANIEL N. KATIBAH
Attorneys for Defendant
PHILADELPHIA INDEMNITY INSURANCE CO.

Dated: March 22, 2016

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Troy L. Nunley
United States District Judge
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STIPULATION AND ORDER TO CONTINUE DEFENDANT’S MOTION TO DISMISS