Degraw v. Progressive Casualty Insurance Company et al

Filing 7

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 1/2/18 EXTENDING TIME TO FILE RESPONSIVE PLEADING. Defendants shall have until 1/5/2018 to file their responsive pleading to Plaintiff's Complaint.(Mena-Sanchez, L)

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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 EXTEND TIME TO
FILE RESPONSIVE PLEADING; 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 EXTEND TIME TO FILE RESPONSIVE PLEADING; ORDER
43478146v.1

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

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INSURANCE COMPANY (erroneously sued also as PROGRESSIVE CASUALTY) and

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PROGRESSIVE COMMERCIAL CASUALTY COMPANY (“Defendants”), by and through their

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respective attorneys, pursuant to Eastern District Local Rule 144(a), stipulate and agree that good cause

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exists for a further brief extension of time for Defendants to respond to Plaintiff’s Complaint:

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WHEREAS, Plaintiff’s Complaint was filed on October 4, 2017;

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WHEREAS, Defendants were each served with the Complaint on November 1, 2017;

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WHEREAS, Defendants timely removed the matter to the Eastern District of California on

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December 1, 2017;

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WHEREAS, the parties previously stipulated and agreed that Defendants’ responsive pleading
deadline was extended to December 22, 2017;
WHEREAS, the parties engaged in meet and confer efforts regarding Defendants’ asserted

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disputes regarding Plaintiff’s Complaint;

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WHEREAS, Plaintiff agrees to file a First Amended Complaint but would like additional time to
finalize the pleading to avoid unnecessary motion practice;
WHEREAS, Plaintiff anticipates filing a First Amended Complaint prior to Defendants’

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responsive pleading;

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WHEREAS, the parties stipulate and agree that Defendants have up to and including January 5,
2018 to file a response to Plaintiff’s Complaint;
WHEREAS, this stipulation, combined with the parties’ prior stipulation, does not exceed the

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28-day maximum extension permitted under Eastern District Local Rule 144(a).

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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STIPULATION TO EXTEND TIME TO FILE RESPONSIVE PLEADING; ORDER
43478146v.1

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DATED: December 22, 2017

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: December 22, 2017

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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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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STIPULATION TO EXTEND TIME TO FILE RESPONSIVE PLEADING; ORDER
43478146v.1

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ORDER

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The parties having so stipulated and good cause appearing:

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IT IS ORDERED that Defendants shall have until January 5, 2018 to file their responsive

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pleading to Plaintiff’s Complaint.

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Dated: January 2, 2018

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Troy L. Nunley
United States District Judge

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STIPULATION TO EXTEND TIME TO FILE RESPONSIVE PLEADING; ORDER
43478146v.1