Applied Underwriters, Inc. v. Lara, et al

Filing 25

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 11/18/2020 ORDERING Plaintiffs' deadline to oppose 18 Motion to Dismiss or amend their complaint shall be 12/14/2020. If Plaintiffs file an Opposition, Defendants' Reply sh all be due 1/4/2021. 18 Motion to Dismiss Hearing is SET for 1/11/2021 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. If Plaintiffs file an amended complaint on or before 12/14/2020, Defendants shall have 28 days to respond or move with respect to the amended complaint. (Huang, H)

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1 2 3 4 5 6 7 8 Maxwell V. Pritt (SBN 253155) mpritt@bsfllp.com Joshua I. Schiller (SBN 330653) jischiller@bsfllp.com Beko O. Reblitz-Richardson (SBN 238027) brichardson@bsfllp.com BOIES SCHILLER FLEXNER LLP 44 Montgomery Street, 41st Floor San Francisco, CA 94104 Telephone: (415) 293-6800 Facsimile: (415) 293-6899 Counsel for Plaintiffs Applied Underwriters, Inc. and Applied Risk Services, Inc. 9 10 UNITED STATES DISTRICT COURT 11 EASTERN DISTRICT OF CALIFORNIA 12 13 14 15 16 17 18 19 20 21 APPLIED UNDERWRITERS, INC., a Nebraska corporation; and APPLIED RISK SERVICES, INC., a Nebraska Corporation, Plaintiffs, v. INSURANCE COMMISSIONER OF THE STATE OF CALIFORNIA RICARDO LARA, in his official capacity; CALIFORNIA DEPARTMENT OF INSURANCE DEPUTY COMMISSIONER KENNETH SCHNOLL, in his official capacity; CALIFORNIA DEPARTMENT OF INSURANCE DEPUTY COMMISSIONER BRYANT HENLEY, in his official capacity; and DOES 1-20. CASE NO. AC 2:20-cv-02096-WBS- FIRST STIPULATION AND ORDER TO CONTINUE HEARING DATE AND SET SCHEDULE FOR PLAINTIFFS’ RESPONSE TO DEFENDANTS’ MOTION TO DISMISS 22 23 Defendants. 24 25 26 27 28 STIPULATION AND ORDER TO CONTINUE HEARING DATE AND SET SCHEDULE FOR RESPONSE TO DEFENDANTS’ MOTION TO DISMISS CASE NO. 2:20-cv-02096-WBS-AC Plaintiffs 1 Applied Underwriters, Inc. and Applied Risk 2 Services, Inc. (“Plaintiffs”), by and through their counsel of 3 record, and Defendants Insurance Commissioner of the State of 4 California 5 Deputy Commissioner Kenneth Schnoll, and California Department Of 6 Insurance Deputy Commissioner Bryant Henley (“Defendants”), by 7 and through counsel of record, hereby stipulate and respectfully 8 apply to this Court for an Order continuing the hearing date 9 setting the schedule in connection with Defendants’ Motion to 10 Ricardo Lara, California Department Of Insurance and Dismiss as set forth below. WHEREAS, on November 13, 2020, Defendants’ filed a 91-page 11 12 Motion to Dismiss Pursuant to FRCP 12(b)(1) and 12(b)(6), 13 accompanied by a Request for Judicial Notice attaching 279 pages 14 of exhibits; 15 WHEREAS, on November 16, 2020 counsel for Plaintiffs and 16 Defendants met and conferred and agreed to extend the time for 17 Plaintiffs to respond to December 14, 2020, and Defendants’ time 18 to reply to January 4, 2020, and agreed to a hearing date of 19 January 11, 2021; WHEREAS, this is the first extension the Parties are seeking 20 21 for this matter; NOW, THEREFORE, IT IS HEREBY STIPULATED, between Plaintiffs 22 23 and 24 Plaintiffs’ deadline to oppose Defendants’ Motion to Dismiss or 25 amend their complaint shall be December 14, 2020; if Plaintiffs 26 file an opposition to Defendants’ Motion to Dismiss, Defendants’ 27 Reply in Support of their Motion to Dismiss shall be due January 28 Defendants, subject to the Court’s approval, that: -1STIPULATION AND ORDER TO CONTINUE HEARING DATE AND SET SCHEDULE FOR RESPONSE DEFENDANTS’ MOTION TO DISMISS CASE NO. 2:20-cv-02096-WBS-AC 1 4, 2021; the Hearing on the Motion to Dismiss shall be January 2 11, 2021, at 1:30pm; and, if Plaintiffs file an amended complaint 3 on or before December 14, 2020, Defendants shall have 28 days to 4 respond or move with respect to the amended complaint. 5 IT IS SO STIPULATED. 6 7 DATED: November 17, 2020 8 ________________________________ 9 Maxwell V. Pritt (SBN 253155) mpritt@bsfllp.com Joshua I. Schiller (SBN 330653) jischiller@bsfllp.com Beko O. Reblitz-Richardson (SBN 238027) brichardson@bsfllp.com BOIES SCHILLER FLEXNER LLP 44 Montgomery Street, 41st Floor San Francisco, CA 94104 Telephone: (415) 293-6800 Facsimile: (415) 293-6899 10 11 12 13 14 15 Counsel for Plaintiffs Applied Underwriters, Inc. and Applied Risk Services, Inc. 16 17 18 19 20 21 22 23 24 25 26 DATED: November 17, 2020 _________________________________ MICHAEL J. STRUMWASSER (SBN 58413) DALE K. LARSON (SBN 266165) CAROLINE CHIAPPETTI (SBN 319547) JULIA MICHEL (SBN 331864) STRUMWASSER & WOOCHER LLP 10940 Wilshire Boulevard, Suite 2000 Los Angeles, California 90024 Telephone: (310) 576-1233 Facsimile: (310) 319-0156 Email: mstrumwasser@strumwooch.com Email: dlarson@strumwooch.com Email: cchiappetti@strumwooch.com Email: jmichel@strumwooch.com 27 28 CYNTHIA J. LARSEN (SBN 123994) -2STIPULATION AND ORDER TO CONTINUE HEARING DATE AND SET SCHEDULE FOR RESPONSE DEFENDANTS’ MOTION TO DISMISS CASE NO. 2:20-cv-02096-WBS-AC JUSTIN GIOVANNETTONE (SBN 293794) ORRICK, HERRINGTON & SUTCLIFFE LLP 400 Capitol Mall, Suite 3000 Sacramento, California 95814 Telephone: (916) 447-9200 Facsimile: (916) 329-4900 Email: clarsen@orrick.com Email: jgiovannettone@orrick.com 1 2 3 4 5 Attorneys for all Defendants 6 7 ORDER 8 For good cause shown, the above Stipulation is adopted as 9 follows: Plaintiffs’ deadline to oppose Defendants’ Motion to 10 Dismiss or amend their complaint shall be December 14, 2020; if 11 Plaintiffs file an opposition to Defendants’ Motion to Dismiss, 12 Defendants’ Reply in Support of their Motion to Dismiss shall be 13 due January 4, 2021; the Hearing on the Motion to Dismiss shall 14 be January 11, 2021, at 1:30pm; and, if Plaintiffs file an 15 amended complaint on or before December 14, 2020, Defendants 16 shall have 28 days to respond or move with respect to the amended 17 complaint. 18 IT IS SO ORDERED. 19 Dated: November 18, 2020 20 21 22 23 24 25 26 27 28 -3STIPULATION AND ORDER TO CONTINUE HEARING DATE AND SET SCHEDULE FOR RESPONSE DEFENDANTS’ MOTION TO DISMISS CASE NO. 2:20-cv-02096-WBS-AC

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