United Financial Casualty Company v. L. et al

Filing 31

ORDER signed by District Judge Leslie E. Kobayashi on 2/22/2017 RESERVING ruling on defendant J.M.L.'s 23 Motion to Stay or in the alternative Dismiss this action. This Court DIRECTS United Financial to provide a copy of this Entering Order to each new defendant. Any of the new defendants may file a response to J.M.L.'s Motion within thirty days after that new defendant is served with the First Amended Complaint. (Zignago, K.)

MINUTES

CASE NUMBER:

2:16-cv-02098-LEK (USDC, Eastern District of California)

CASE NAME:

United Financial Casualty Company vs. JML, et al.

ATTYS FOR PLA:
ATTYS FOR DEFT:
INTERPRETER:

JUDGE:

Leslie E. Kobayashi

REPORTER:

DATE:

2/22/2017

TIME:

COURT ACTION: EO: COURT ORDER RESERVING RULING ON DEFENDANT
J.M.L.’S MOTION TO STAY OR IN THE ALTERNATIVE DISMISS THIS ACTION
Plaintiff United Financial Casualty Company (“United Financial”) filed its
Complaint for Declaratory Relief (“Complaint”) on September 1, 2016. On November
22, 2016, Defendant J.M.L., a minor, by and through her Guardian ad Litem, Michelle
Rogers (“J.M.L.”), filed a Motion to Stay or in the Alternative Dismiss this Action
(“Motion”). [Dkt. no. 23.]
On February 17, 2017, the parties filed their Stipulation to Filing of First Amended
Complaint (“Stipulation”). [Dkt. no. 27.] Also on February 17, United Financial filed its
First Amended Complaint for Declaratory Relief (“First Amended Complaint”). [Dkt. no.
28.]
J.M.L.’s Motion remains pending before this Court because the Stipulation deems
the Motion to be J.M.L.’s response to the First Amended Complaint. See Stipulation at 2.
The First Amended Complaint, however, includes a number of new defendants. Because
the ruling on the Motion may affect the new defendants’ rights, this Court RESERVES
RULING on J.M.L.’s Motion until United Financial completes service of the First
Amended Complaint on all of the new defendants, and the new defendants have had the
opportunity to respond to J.M.L.’s Motion.
This Court DIRECTS United Financial to provide a copy of this Entering Order to
each new defendant. Any of the new defendants may file a response to J.M.L.’s Motion
within thirty days after that new defendant is served with the First Amended Complaint.
IT IS SO ORDERED.

Submitted by: Warren N. Nakamura, Courtroom Manager