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.)

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1 ANDREW D. HEROLD, ESQ., SBN 178640 2 EMILY G. COTTRELL, ESQ., SBN 239233 3 HEROLD & SAGER 4 550 Second Street, Suite 200 Encinitas, CA 92024 5 Telephone: (760) 487-1047 Facsimile: (760) 487-1067 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. Kari M. Myron, ESQ. 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. EMILY G. COTTRELL, ESQ. 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

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