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 shall 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)
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?