Degraw v. Progressive Casualty Insurance Company et al

Filing 11

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 1/4/2018 DIRECTING Plaintiff to file the Amended Complaint with the Court within 7 days of this order. (York, M)

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SHIMODA LAW CORP.
Galen T. Shimoda (SBN 226752)
[e-mail]
Erika R. C. Sembrano (SBN 306635)
[e-mail]
9401 East Stockton Blvd., Ste 200
Elk Grove, California 95624
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Plaintiff
MAKENZY DEGRAW

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SEYFARTH SHAW LLP
Julie G. Yap (SBN 243450)
[e-mail]
Tiffany T. Tran (SBN 294213)
[e-mail]
400 Capitol Mall, Suite 2350
Sacramento, California 95814
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendants
PROGRESSIVE CASUALTY INSURANCE COMPANY
(erroneously sued also as PROGRESSIVE CASUALTY)
and PROGRESSIVE COMMERCIAL CASUALTY
COMPANY

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MAKENZY DEGRAW,

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Plaintiff,

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STIPULATION TO FILE AMENDED
COMPLAINT AND ORDER

v.

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Case No. 2-17-CV-02537-TLN-KJN

PROGRESSIVE CASUALTY INSURANCE
COMPANY, an Ohio Corporation;
PROGRESSIVE COMMERCIAL CASUALTY
COMPANY, an Ohio Corporation;
PROGRESSIVE CASUALTY, an unincorporated
association; and DOES 1 to 100 inclusive,

Complaint Filed: October 4, 2017
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Defendants.
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STIPULATION TO PLAINTIFF FILING AMENDED COMPLAINT AND ORDER

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Plaintiff MAKENZY DEGRAW (“Plaintiff”) and Defendant PROGRESSIVE CASUALTY

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INSURANCE COMPANY (erroneously sued also as PROGRESSIVE CASUALTY) (“Defendant”), by

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and through their respective attorneys, pursuant to Federal Rule of Civil Procedure 15(a)(2), stipulate

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and agree as follows:

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WHEREAS, the parties engaged in meet and confer efforts regarding Plaintiff’s Complaint;

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WHEREAS, the parties agree that, in lieu of Defendant filing a Rule 12 motion to narrow the

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scope of the Complaint, the parties agree to Plaintiff’s filing of an Amended Complaint, attached hereto

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as Exhibit A.

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WHEREAS, the parties agree that this stipulation is made without prejudice to Defendant’s right
to deny the allegations or present defenses to the claims asserted in the Amended Complaint.
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
DATED: January 3, 2018

Respectfully submitted,

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SHIMODA LAW CORP

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By: /s/ Erika R. C. Sembrano
Galen T. Shimoda
Erika R. C. Sembrano

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Attorneys for Plaintiff
MAKENZY DEGRAW

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DATED: January 3, 2018

SEYFARTH SHAW LLP

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By: /s. Tiffany T. Tran
Julie G. Yap
Tiffany T. Tran

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Attorneys for Defendants
PROGRESSIVE CASUALTY INSURANCE
COMPANY (erroneously sued also as
PROGRESSIVE CASUALTY) and
PROGRESSIVE COMMERCIAL
CASUALTY COMPANY

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STIPULATION TO PLAINTIFF FILING AMENDED COMPLAINT AND ORDER

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ATTESTATION
I, Tiffany T. Tran, hereby certify that the content of this document is acceptable to Erika R. C.

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Sembrano, counsel for Plaintiff, and that Ms. Sembrano has provided her authorization to affix her

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electronic signature on this document.

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/s/ Tiffany T. Tran

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ORDER

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Plaintiff shall file the Amended Complaint with the Court within seven (7) days of this order.

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IT IS SO ORDERED.

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DATED: January 4, 2018

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Troy L. Nunley
United States District Judge

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STIPULATION TO PLAINTIFF FILING AMENDED COMPLAINT AND ORDER