(CONSENT) Dollar Point Assoc., Inc. v. United States Liability Ins. Co.

Filing 12

STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 8/2/2022 SETTING dates and deadlines as follows: Responsive Pleading due by 8/8/2022. Motion to Dismiss due by 8/8/2022. Plaintiff's Opposition due by 8/23/2022. USLI's Reply due by 8/30/2022. The Motion to Dismiss Hearing will be on 9/6/2022. (Coll, A)

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Gary R. Selvin, State Bar No. 112030
James L. Wraith, State Bar No. 112234
SELVIN WRAITH HALMAN LLP
505 14th Street, Suite 1200
Oakland, CA 94612
Telephone:
[phone]
Facsimile:
[phone]
E-mail: [e-mail]
E-mail: [e-mail]
Attorneys for Plaintiff
DOLLAR POINT ASSOCIATION, INC.
Alan H. Barbanel (Cal Bar No. 108196)
Ilya A. Kosten (Cal Bar No. 173663)
Paul Impellezzeri (Cal Bar No. 231012)
BARBANEL & TREUER, P.C.
1925 Century Park East, Suite 350
Los Angeles, California 90067
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
E-mail: [e-mail]
E-mail: [e-mail]
Attorneys for Defendant
UNITED STATES LIABILITY
INSURANCECOMPANY

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DOLLAR POINT ASSOCIATION, INC.,

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CASE NO.: 2:22-cv-00995-KJN

Plaintiff,

Case Assigned to Hon. Kendall J. Newman

STIPULATION EXTENDING TIME TO
RESPOND TO COMPLAINT AND
BRIEFING SCHEDULE TO FILE MOTION
TO DISMISS

v.
UNITED STATES LIABILITY INSURANCE
COMPANY,
Defendant.

Complaint Filed: June 7, 2022

COME NOW Plaintiff, Dollar Point Association, Inc. (“Plaintiff” or “Dollar Point”), and

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Defendant, United States Liability Insurance Company (“Defendant” or “USLI”), and by and through

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their respective counsel of record stipulate and agree as follows, pursuant to Local Rule 144(a).

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WHEREAS, USLI, through counsel, corresponded with Plaintiff’s attorney, meeting and
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STIPULATION EXTENDING TIME TO RESPOND TO COMPLAINT AND FILE MOTION TO
DISMISS
CASE NO.: 2:22-cv-00995-KJN

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conferring regarding USLI’S’ intent to file a motion to dismiss pursuant to Federal Rules of Civil

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Procedure 12b (6), with supporting authority, and

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WHEREAS, counsel for Plaintiff has been ill with COVID and has requested an agreement on
the briefing schedule and the date USLI files its motion to dismiss, and
WHEREAS, USLI, through counsel, have agreed to extend USLI’s time to file a responsive
pleading for 10 days, up to and including August 8, 2022, and

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WHEREAS, there has been one prior extension, and

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THEREFORE, the parties, through counsel of record, stipulate that USLI has up to and

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including August 8, 2022 to file a Motion to Dismiss; Plaintiff’s Opposition is due on August 23,

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2022; USLI’s Reply is due on August 30, 2022. The parties further stipulate to a hearing date of

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September 6, 2022 on USLI’s Motion to Dismiss.

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Dated: July 28, 2022

SELVIN WRAITH HALMAN LLP

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By: /s/ Gary R. Selvin
Gary R. Selvin
James L. Wraith
Attorneys for Plaintiff
DOLLAR POINT ASSOCIATION, INC.

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Dated: July 28, 2022

BARBANEL & TREVER, P.C.
By: /s/ Ilya A. Kosten
ILYA A. KOSTEN
Attorneys for Defendant, UNITED
STATES LIABILITY INSURANCE
COMPANY

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STIPULATION EXTENDING TIME TO RESPOND TO COMPLAINT AND FILE MOTION TO
DISMISS
CASE NO.: 2:22-cv-00995-KJN

ORDER

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After considering the Stipulation between parities and GOOD CAUSE APPEARING
THEREFORE, IT IS HEREBY ORDERED,

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(1)

Defendant USLI has up to and including August 8, 2022, to file a responsive pleading;

(2)

USLI has up to and including August 8, 2022, to file a Motion to Dismiss; Plaintiff’s

and

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Opposition is due on August 23, 2022; USLI’s Reply is due on August 30, 2022. The parties further

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stipulate to a hearing date of September 6, 2022, on USLI’s Motion to Dismiss

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IT IS SO ORDERED.

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Dated: August 2, 2022

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404935.doc

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STIPULATION EXTENDING TIME TO RESPOND TO COMPLAINT AND FILE MOTION TO
DISMISS
CASE NO.: 2:22-cv-00995-KJN