Stenson v. United States Life Insurance Company in the City of New York

Filing 11

STIPULATION AND ORDER signed by District Judge John A. Mendez on 9/2/2016 GRANTING the plaintiff leave to file an Amended Complaint; ORDERING the defendant to file a responsive pleading by 10/3/2016. (Michel, G.)

1 Linda B. Oliver (SBN 166720)
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[e-mail]
MAYNARD COOPER & GALE, LLP
600 Montgomery Street, Suite 2600
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]
Attorney for Defendant
UNITED STATES LIFE
INSURANCE COMPANY

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T.D. Bolling, Jr. (SBN 33236)
BOLLING & GAWTHROP
A Professional Corporation
8880 Cal Center Drive, Suite 190
Sacramento, California 95826
Telephone: [phone]
Facsimile: [phone]

10 Attorney for Plaintiff

MARGO STENSION

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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13 MARGO STENSION,
Plaintiff,

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vs.
UNITED STATES LIFE INSURANCE
COMPANY,
Defendant.

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Case No.: 2:16-CV-00782-JAM-CKD
STIPULATION AND ORDER
GRANTING LEAVE TO FILE
AMENDED COMPLAINT AND
EXTENDING DEADLINE FOR
DEFENDANT TO RESPOND

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{03779884.1}

STIPULATION AND [PROPOSED] ORDER GRANTING LEAVE TO FILE AMENDED
COMPLAINT AND EXTENDING DEADLINE TO RESPOND

Plaintiff Margo Stension (“Plaintiff”) and Defendant United States Life Insurance

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Company (“Defendant” or “US Life”), hereby jointly stipulate by and through their respective
attorneys of record as follows:
1.

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This action involves a dispute between the parties concerning an accidental death

and dismemberment policy under which plaintiff’s decedent was insured at the time of his death;

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2.

The present deadline for Defendant US Life to respond to Plaintiff’s complaint on

6 file herein is September 2, 2016;
3.

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Coroner issued an amended death certificate for Plaintiff’s decedent, a copy of which has been
provided by counsel for Plaintiff to counsel for Defendant;
4.

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After the original complaint in this action was filed, the Sacramento County

Counsel for Plaintiff has advised Counsel for Defendant of his intention to file an

amended complaint in this action that will reflect the amended death certificate issued by the

11 Sacramento County Coroner and will add a cause of action for breach of the implied covenant of
12 good faith and fair dealing;
5.

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counsel for Defendant, who has agreed to stipulate to an order granting leave to file an amended
complaint;
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Counsel for Plaintiff has provided a draft copy of the amended complaint to

Counsel for both parties agree that Defendant’s deadline to file a response to the

complaint may be extended by 30 days, until October 3, 206, and no response to the original

17 pleading need be filed if this Court issues an order allowing the filing of the amended complaint.
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For the foregoing reasons, the parties jointly request that the Court issue an order (1)

19 granting Plaintiff leave to file an Amended Complaint, and (2) extending the time of Defendant
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US Life to respond to and including October 3, 2016.
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STIPULATION AND [PROPOSED] ORDER GRANTING LEAVE TO FILE AMENDED
COMPLAINT AND EXTENDING DEADLINE TO RESPOND
{03779884.1}

1 Date: September 2, 2016

MAYNARD, COOPER & GALE, LLP
By: /s/ Linda B. Oliver

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Linda B. Oliver

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Attorneys for Defendant
UNITED STATES LIFE INSURANCE COMPANY

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5 Date: September 2, 2016

BOLLING & GAWTHROP

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By: /s/ T.D. Bolling, Jr ____

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T.D. Bolling, JR.

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Attorneys for Plaintiff
MARGO STENSION

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ORDER

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Pursuant to the stipulation of the parties, and for good cause appearing, IT IS HEREBY

11 ORDERED THAT (1) Plaintiff has leave to file an Amended Complaint and (2) Defendant’s
12 shall file a responsive pleading on or before October 3, 2016.
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IT IS SO ORDERED.
Dated: 9/2/2016

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/s/ John A. Mendez________________
JOHN A MENDEZ
UNITED STATES DISTRICT JUDGE

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STIPULATION AND [PROPOSED] ORDER GRANTING LEAVE TO FILE AMENDED
COMPLAINT AND EXTENDING DEADLINE TO RESPOND
{03779884.1}