Sargsyan v. State Farm Mutual Automobile Insurance Company

Filing 4

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 8/22/17: Plaintiff shall file its First Amended Complaint within five (5) days after entry of this Order. State Farm shall file an Answer to plaintiff's First Amended Complaint fifteen (15) days after entry of this Order. (Kaminski, H)

1 STEPHEN M. HAYES (SBN 83583)
STEPHEN P. ELLINGSON (SBN 136505)
2 CHERIE M. SUTHERLAND (SBN 217992)
HAYES SCOTT BONINO ELLINGSON & McLAY,
3 LLP
203 Redwood Shores Parkway, Suite 480
4 Redwood City, California 94065
Telephone: [phone]
5 Facsimile: 650.637.8071
6 Attorneys for Defendant
STATE FARM MUTUAL AUTOMOBILE
7 INSURANCE COMPANY
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JOHN FRANKLIN RICHEY (SBN 314565)
9 ELIEZER COHEN (SBN 302248)
OGNIAN GAVRILOV (SBN 258583)
10 GAVRILOV & BROOKS
2315 Capitol Avenue
11 Sacramento, California 95816
Telephone: [phone]
12 Facsimile: 916-473-5870
13 Attorneys for Plaintiff
DAVID SARGSYAN
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
DAVID SARGSYAN,

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CASE NO. 2:17-cv-01432-KJM-EFB

Plaintiff,

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STIPULATION AND ORDER TO FILE FIRST
AMENDED COMPLAINT

vs.

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STATE FARM MUTUAL
21 AUTOMOBILE INSURANCE
COMPANY,
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Defendant.

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This Stipulation is entered into by and between plaintiff David Sargsyan (“plaintiff”) and
defendant State Farm Mutual Automobile Insurance Company (“State Farm”) (plaintiff and State
Farm collectively referred to herein as “Parties”) by and through their attorneys of record as
follows:

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806653

-1STIPULATION AND ORDER TO FILE FIRST AMENDED COMPLAINT
CASE NO. 2:17-cv-01432-KJM-EFB

I.
RECITALS

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Sacramento County Superior Court, Case No. 34-2017-00213318.

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WHEREAS, after State Farm filed its Answer to the Complaint and removed the

instant case to this Court it received plaintiff’s FAC.

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WHEREAS, on July 12, 2017, State Farm filed in the United States District Court

for the Eastern District of California a Notice of Removal and Demand for Jury Trial.

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WHEREAS, on July 11, 2017, without knowledge of plaintiff’s filing of the FAC,

State Farm filed an Answer to the Complaint in Sacramento County Superior Court.

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WHEREAS, on July 10, 2017 plaintiff filed a First Amended Complaint (“FAC”) in

Sacramento County Superior Court.

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WHEREAS, on June 16, 2017 plaintiff served State Farm with the Complaint.

3.

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WHEREAS, on May 31, 2017 plaintiff filed the instant lawsuit against State Farm in

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WHEREAS, plaintiff and State Farm now desire to file the FAC and State Farm’s

Answer to the FAC in this Court as follows:

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II.
STIPULATION

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THEREFORE, ALL PARTIES, by and through their counsel of record, hereby stipulate to

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1.

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Plaintiff will file his First Amended Complaint that was filed in Sacramento County

20 Superior Court, Case No. in the United States District Court for the Eastern District of California,
21 Case No. 2:17-cv-01432-KJM-EFB within five (5) days after entry of the attached proposed order.
2.

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State Farm will file an Answer to plaintiff’s First Amended Complaint within fifteen

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806653

-2STIPULATION AND ORDER TO FILE FIRST AMENDED COMPLAINT
CASE NO. 2:17-cv-01432-KJM-EFB

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(15) days after entry of the attached proposed order.

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IT IS SO STIPULATED.
Dated: August 22, 2017

GAVRILOV & BROOKS

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10 Dated: August 22, 2017

HAYES SCOTT BONINO ELLINGSON & McLAY, LLP

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By

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STEPHEN M. HAYES
STEPHEN P. ELLINGSON
CHERIE M. SUTHERLAND
Attorneys for Defendant
STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY

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806653

-3STIPULATION AND ORDER TO FILE FIRST AMENDED COMPLAINT
CASE NO. 2:17-cv-01432-KJM-EFB

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ORDER

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Pursuant to the Stipulation of the Parties, plaintiff will file its First Amended Complaint in

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4 the United States District Court for the Eastern District of California, Case No. 2:17-cv-014325 KJM-EFB within five (5) days after entry of this Order. State Farm will file an Answer to
6 plaintiff’s First Amended Complaint fifteen (15) days after entry of this Order.
IT IS SO ORDERED.

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8 Dated: August 22, 2017.
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UNITED STATES DISTRICT JUDGE

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806653

-4STIPULATION AND ORDER TO FILE FIRST AMENDED COMPLAINT
CASE NO. 2:17-cv-01432-KJM-EFB