The Travelers Indemnity Company of Connecticut v. Lexington Insurance Company

Filing 9

STIPULATION AND ORDER signed by District Judge John A. Mendez on 12/22/2016 ORDERING the defendant to respond to the 1 Complaint by 1/10/2017. (Michel, G.)

1 ANDREW D. HEROLD, ESQ., SBN 178640
[e-mail]
2 EMILY G. COTTRELL, ESQ., SBN 239233
[e-mail]
3
HEROLD & SAGER
4 550 Second Street, Suite 200
Encinitas, CA 92024
5 Telephone: [phone]
Facsimile: [phone]
6
Attorneys for Lexington Insurance Company
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10 THE TRAVELERS INDEMNITY
11 COMPANY OF CONNECTICUT, a
Connecticut organization,
12
Plaintiffs,
13
vs.
14

CASE NO.:

15 LEXINGTON INSURANCE COMPANY, a
Delaware corporation; DOES 1-10, inclusive,
16
Defendants.
17

Complaint served:
New response date:

2:16-CV-02620-JAM-DB

STIPULATION TO EXTEND TIME TO
FILE A RESPONSIVE PLEADING TO
INITIAL COMPLAINT (SECOND
REQUEST)

November 16, 2016
January 10, 2016

18
19

Plaintiff THE TRAVELERS INDEMNITY COMPANY OF CONNECTICUT (“Plaintiff”)

20 and Defendant LEXINGTON INSURANCE COMPANY (“Defendant”) (together, Plaintiff and
21 Defendant may be referred to as the “Parties”) hereby submit the following Stipulation to Extend
22 Time to File a Responsive Pleading to the Complaint in the above-captioned action.
23

WHEREAS, Travelers filed a complaint on November 2, 2016 (“Complaint”), in the United

24 States District Court, Eastern District of California as case number 2:16-CV-02620-JAM-DB
25 naming Lexington as the Defendant;
26

WHEREAS, on or about November 16, 2016, Plaintiff served Defendant with the complaint

27 through its registered agent for service of process;
28 ///
1
STIPULATION TO EXTEND TIME TO FILE RESPONSIVE PLEADING (SECOND REQUEST)

CASE NO.: 2:16-CV-02620-JAM-DB

1

WHEREAS, the Parties have agreed to extend the time for Defendant to file a responsive

2 pleading to the Complaint until January 10, 2017;
3

WHEREAS, while the Court has granted one extension to file a responsive pleading until

4 December 22, 2016, certain facts have recently developed which may impact the Parties’ positions
5 on the claims at issue in the Complaint and which may lead to early resolution of certain claims in
6 the Complaint;
7

NOW, THEREFORE, Plaintiff and Defendant, by and through their respective counsel of

8 record, hereby stipulate to allow for an extension of time for Defendant to file a responsive pleading
9 until January 10, 2017.
10 DATED: December 22, 2016

THE AGUILERA LAW GROUP, APLC

11
12

By: /s/ Kari M. Myron
A. ERIC AGUILERA, ESQ.
[e-mail]
Kari M. Myron, ESQ.
[e-mail]
Attorneys for Plaintiff, THE TRAVELERS
INDEMNITY COMPANY OF CONNECTICUT

13
14
15
16
17
18 DATED: December 22, 2016

HEROLD & SAGER

19
20

By:

21
22
23
24
25

/s/ Emily G. Cottrell
ANDREW D. HEROLD, ESQ.
[e-mail]
EMILY G. COTTRELL, ESQ.
[e-mail]
Attorneys for Defendant, LEXINGTON
INSURANCE COMPANY

IT IS SO ORDERED.

26 DATED:

December 22, 2016

/s/ JOHN A. MENDEZ
UNITED STATES DISTRICT JUDGE

27
28
2
STIPULATION TO EXTEND TIME TO FILE RESPONSIVE PLEADING (SECOND REQUEST)

CASE NO.: 2:16-CV-02620-JAM-DB