Rigsby et al v. Intercare Specialty Risk Insurance Services, Inc. , et al.,

Filing 25

ORDER GRANTING Defendants' Amended Ex Parte Application at ECF No. 24. Having considered Defendants' ex parte application for an extension of time to fileresponsive pleadings to the Complaint and an Opposition to Plaintiffs' Applicati on for Right to Attach Order, and/or a continuance of the hearing on that Application currently set in this Court for September 7, 2017 in order to allow an extension of time to file their Opposition, and finding good cause therefore, Defendants have to and including September 21, 2017, by which to file such responsive pleadings and their Opposition. Plaintiffs' Reply, if any, is due on September 28, 2017. The hearing on Plaintiffs' Application for Right to Attach is continued to October 5, 2017 at 2:00 p.m. Signed by District Judge Morrison C. England, Jr. on 8/21/2017. (Deutsch, S)

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Peter Dunn Lemmon, Esq., Ca. Bar No. 138691
Law Offices of Peter Dunn Lemmon
210 Magnolia Avenue, Suite 2
Auburn, California 95603
Email: [e-mail]
Telephone:
530.265.6100
FAX: [phone]
Attorneys for Defendants Intercare Specialty Risk Insurance Services, Inc, and
ISR Holdings, Inc.

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UNITED STATES DISTRICT COURT COURT

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EASTERN DISTRICT OF CALIFORNIA – SACRAMENTO DIVISION

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Law Offices of Peter Dunn Lemmon
210 Magnolia Avenue, Suite 2
Auburn, California 95603
Telephone [phone]

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KAREN RIGSBY, Trustee of the MARSH
REVOCABLE TRUST OF 2003, and
DONALD P. STEINMEYER, an individual,

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Plaintiffs,
vs.
INTERCARE SPECIALITY RISK
INSURANCE SERVICES, INC., a California
Corporation; ISR HOLDINGS, INC., a
California Corporation; KEVIN HAMM, an
individual; and PATRIOT NATIONAL, INC.,
a Florida Corporation.

Case No.: 2:17-cv-01347-MCE-EFB
AMENDED EX PARTE APPLICATION
AND ORDER EXTENDING TIME TO: (1)
FILE A RESPONSIVE PLEADING TO THE
COMPLAINT; and, (2) FILE AN
OPPOSITION TO PLAINTIFFS’
APPLICATION FOR A RIGHT TO ATTACH
ORDER AND CONTINUE THE HEARING
DATE OF SEPTEMBER 7, 2017 TO ALLOW
FOR PREPARATION

Defendants.

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Defendants INTERCARE SPECIALITY RISK INSURANCE SERVICES, INC., ISR

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HOLDINGS, INC. and KEVIN HAMM hereby apply to the Court ex parte for an Order

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extending their time to file:

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(1) Responsive pleadings to the Complaint in this Action; and
(2) Opposition to Plaintiffs’ Application for Right to Attach Order or continuing the

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hearing date of September 7, 2017 on same to allow Defendants time to respond
to the Application.

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EX PARTE APPLICATION AND ORDER EXTENDING TIME

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The undersigned counsel advised counsel for Plaintiffs, Robert R. Riggs, of the need
for such an extension, on Thursday August 17, 2017, but Plaintiffs’ counsel denied the

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request. (See true and correct copy of email of 8.17.17 from Mr. Riggs attached hereto as
Exhibit “A”).

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Defendants’ counsel has only been formally retained as of 1:30 p.m. Friday, August

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18, 2017, and upon retention and basic review of this case, it is clear the Plaintiffs filed this

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case on June 30, 2017, so there is no real urgency to have the Right to Attach Order heard.

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Also, such an extension is necessary to allow adequate time to prepare responsive
pleadings to the Complaint and an Opposition and to prepare for the Right to Attach hearing.

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Law Offices of Peter Dunn Lemmon
210 Magnolia Avenue, Suite 2
Auburn, California 95603
Telephone [phone]

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The press of business in this office does not allow enough time to file responsive pleadings

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on Wednesday and an Opposition on Thursday of the coming week.

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And finally, Defendants have not sought or obtained any previous extension of time.

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Defendants respectfully request the Court grant thirty (30) days additional time by

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which to file pleadings responsive to the Complaint and an Opposition to Plaintiffs’

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Application or grant some other reasonable extension period allowing for proper preparation

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by these Defendants.

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DATED: August 21, 2017

_________/s/_____________________________
Peter Dunn Lemmon
Attorney for INTERCARE SPECIALITY RISK
INSURANCE SERVICES, INC., ISR HOLDINGS, INC.,
and KEVIN HAMM

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EX PARTE APPLICATION AND ORDER EXTENDING TIME

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ORDER
Having considered Defendants’ ex parte application for an extension of time to file

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responsive pleadings to the Complaint and an Opposition to Plaintiffs’ Application for Right

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to Attach Order, and/or a continuance of the hearing on that Application currently set in this

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Court for September 7, 2017 in order to allow an extension of time to file their Opposition,

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and finding good cause therefore,

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Defendants have to and including September 21, 2017, by which to file such

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responsive pleadings and their Opposition. Plaintiffs’ Reply, if any, is due on September 28,
2017. The hearing on Plaintiff’s Application for Right to Attach is continued to October 5,

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Law Offices of Peter Dunn Lemmon
210 Magnolia Avenue, Suite 2
Auburn, California 95603
Telephone [phone]

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2017 at 2:00 p.m.

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IT IS SO ORDERED.
Dated: August 21, 2017

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EX PARTE APPLICATION AND ORDER EXTENDING TIME