Northfield Ins. Co. v. Milwaukee Electric Tool Corp., et al

Filing 6

STIPULATION and ORDER for filing First Amended Complaint signed by Senior Judge Morrison C. England, Jr. on 10/16/2020. (Tupolo, A)

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Susan E. Kirkgaard, SBN: 134915
LAW OFFICES OF JOHN A. BIARD
P.O. Box 64093
St. Paul, Minnesota 55164-0093
Physical Address:
11070 White Rock Road, Ste. 200
Rancho Cordova, CA 95670
Telephone: [phone]
Direct:
916-638-6579
Facsimile:
855-631-5920
EMAIL:
[e-mail]
Attorneys for Plaintiff
NORTHFIELD INSURANCE COMPANY

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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NORTHFIELD INSURANCE COMPANY, an
Iowa Corporation,
Plaintiff,

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Case No.: 2:20-cv-01505-MCE-DMC

STIPULATION AND ORDER FOR FILING
FIRST AMENDED COMPLAINT

vs.
MILWAUKEE ELECTRIC TOOL
CORPORATION, a Delaware Corporation,
TTI, Inc. , a wholly owned subsidiary of
BERKSHIRE HATHAWAY, INC. dba
TECHTRONIC INDUSTRIES NORTH
AMERICA, INC., a Delaware Corporation,
SAMSUNG SDI CO., LTD. aka SAMSUNG
SDI, a Korean Entity and DOES 1-20 inclusive,

Complaint Filed: July 27, 2020

Defendants.

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Plaintiff NORTHFIELD INSURANCE

COMPANY (“NORTHFIELD”) and Defendants

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MILWAUKEE ELECTRIC TOOL CORPORAT ION, a Delaware Corporation, (“METCO”) a wholly

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ing
owned subsidiary of TTI Group, submit the follo w Joint Stipulation and request that the Court grant

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STIPULATION AND ORDER FOR FILING FIRST AMENDED
COMPLAINT

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Plaintiff NORTHFIELD leave to file a First Amended Complaint pursuant to Rule 15(a) of the Federal

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Rules of Civil Procedure.

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WHEREAS, Plaintiff NORTHFIELD filed a Complaint in this action on July 27, 2020;

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WHEREAS, no Defendants have appeared to date in this action;

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WHEREAS, Plaintiff NORTHFIELD, based upon records available online, sued “METCO”

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related Defendants as follows:

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MILWAUKEE ELECTRIC TOOL CORPORATION, a Delaware Corporation, TTI,

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Inc., a wholly owned subsidiary of BERKSHIRE HATHAWAY, INC. dba

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TECHTRONIC INDUSTRIES NORTH AMERICA, INC., a Delaware Corporation;

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WHEREAS counsel for METCO has represented that the correct name-style and ownership

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designation is “Milwaukee Electric Tool Corp (‘METCO’), wholly owned subsidiary of Techtronic

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Industries Co. Ltd. (“Techtronic”)”;

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WHEREAS counsel for METCO has represented that TTI, Inc, as a wholly owned subsidiary

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of Berkshire Hathaway, has no connection to TTI Group or METCO, and thus should not be named as

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a party to this action;

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WHEREAS, Plaintiff NORTHFIELD seeks to amend the Complaint solely to address this

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ownership allegation as it pertains to the manufacture and distribution of Milwaukee Tools, as follows;

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MILWAUKEE ELECTRIC TOOL CORPORATION, a Delaware Corporation, a wholly

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subsidiary of Techtronic Industries Co. Ltd. (“Techtronic”);

owned

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WHEREAS, Plaintiff NORTHFIELD’S filing of an amended complaint in the form of the First

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Amended Complaint attached hereto as Exhibit “A”, will not cause undue prejudice to Defendants

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MILWAUKEE ELECTRIC TOOL CORPORATION; a wholly owned subsidiary of

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Industries Co. Ltd. (“Techtronic”);

Techtronic

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WHEREAS, Defendant MILWAUKEE ELECTRIC TOOL CORPORATION a wholly owned

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subsidiary of Techtronic Industries Co. Ltd.; Answer to the First Amended Complaint shall be due

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thirty (30) days after it is served via proof of service via U.S. Mail, and a courtesy copy via e-service

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upon counsel for METCO.

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STIPULATION AND ORDER FOR FILING FIRST AMENDED
COMPLAINT

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NOW, THEREFORE, IT IS HEREBY STIPULATED by and between the parties hereto

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through their respective attorneys that Plaintiff NORTHFIELD may, pursuant to Rule 15(a) of the

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Federal Rules of Civil Procedure, file a First Amended Complaint in the form of the First Amended

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Complaint attached hereto as Exhibit A.

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Respectfully submitted.

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Dated: October 6, 2020

LAW OFFICES OF JOHN A. BIARD

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Susan E. Kirkgaard
Attorney for Plaintiff
NORTHFIELD INSURANCE COMPANY

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Dated: October _6_,2020

Casey Law Group

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Arthur J. Casey
Attorney for Defendants MILWAUKEE ELECTRIC
TOOL CORPORATION, a Delaware Corporation,
wholly owned subsidiary of Techtronic Industries Co.
Ltd. (“Techtronic”)

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STIPULATION AND ORDER FOR FILING FIRST AMENDED
COMPLAINT

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ORDER

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The Court having reviewed the foregoing Stipulation and good cause appearing therefore:

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IT IS HEREBY ORDERED that Plaintiff NORTHFIELD is granted leave to amend to file its

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First Amended Complaint for Damages, a copy of which is attached hereto as Exhibit A.
IT

IS

ALSO

ORDERED

that

Defendants

MILWAUKEE

ELECTRIC

TOOL

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CORPORATION, a Delaware Corporation, a wholly owned subsidiary of Techtronic Industries Co.

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Ltd.’s (“Techtronic”) Answer to the First Amended Complaint shall be due thirty (30) days after it is

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serviced upon counsel.

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IT

IS FURTHER ORDERED that the First Amended Complaint for Damages is deemed filed

as of the date of this Order is transmitted via the CM/ECF system.
IT IS SO ORDERED.
Dated: October 16, 2020

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STIPULATION AND ORDER FOR FILING FIRST AMENDED
COMPLAINT