PacifiCorp v. Travelers Property Casualty Co. of America et al

Filing 50

STIPULATION and ORDER signed by Chief District Judge Troy L. Nunley on 11/26/2024 EXTENDING the deadline 10 days from this order, for defendant XL Catlin Syndicate XLC 2003 to respond to the 1 Notice of Removal. (Woodson, A)

1
2
3
4
5
6
7

Mark E. Christensen (SBN 229026)
[e-mail]
Richard V. De Gruccio (SBN 214679)
[e-mail]
CHRISTENSEN HSU SIPES LLP
1629 Cravens Avenue
Torrance, CA 90501
Tel. [phone] / Fax [phone]
Attorneys for Defendant
XL Catlin Lloyd’s Syndicate XLC 2003

8

CHRISTENSEN HSU SIPES LLP

9
10

UNITED STATES DISTRICT COURT

11

EASTERN DISTRICT OF CALIFORNIA

12
13
14
15
16

PACIFICORP,
Plaintiff,
v.

Case No.: 2:24-cv-02906 TLN AC
JOINT STIPULATION ON
EXTENSION OF TIME FOR
DEFENDANT, XL CATLIN
LLOYD’S SYNDICATE XLC
2003, TO RESPOND TO
COMPLAINT; ORDER

25

TRAVELERS PROPERTY
CASUALTY COMPANY OF
AMERICA, NAVIGATORS
Hon. Allison Claire Courtroom
SPECIALTY INSURANCE
26, 8th Floor
COMPANY, GREENWICH
INSURANCE COMPANY, XL
Action Filed: August 29, 2024
CATLIN LLOYD’S SYNDICATE XLC Trial Date: None set
2003, COLUMBIA CASUALTY
COMPANY, XL CATLIN SPECIALTY
INSURANCE COMPANY, CRUM &
FORSTER SPECIALTY INSURANCE
COMPANY, AND LANDMARK
AMERICAN INSURANCE COMPANY

26

Defendants.

17
18
19
20
21
22
23
24

27
28

JOINT STIPULATION ON EXTENSION OF TIME FOR DEFENDANT, XL CATLIN LLOYD’S
SYNDICATE XLC 2003, TO RESPOND TO COMPLAINT - 1

1

Defendant, XL Catlin Lloyd’s Syndicate 2003 (“XL Catlin”), and Plaintiff,

2

PacifiCorp, by and through their respective counsel, hereby jointly stipulate to allow

3

XL Catlin additional time to respond to the Complaint and request this Court enter

4

an order allowing XL Catlin 10 days to file a response to the operative complaint in

5

this action once this Court has issued an order on the Motion to Remand.

6

grounds in support thereof, the Parties state as follows:

7

CHRISTENSEN HSU SIPES LLP

8

As

1. The operative complaint names, amongst other parties, XL Catlin Lloyd’s
Syndicate 2003 as a defendant. [Dkt. 1 at Exh. 1]

9

2. XL Catlin’s inclusion as a defendant is premised on alleged subscription

10

to Commercial Umbrella Liability Policy No. CSUSA2101704 (the

11

“Policy”). [Id. at ¶ 76]

12
13

3. XL Catlin, however, is not a party to the Policy for US risks, a fact which,
both parties have agreed to be the case.

14

4. PacifiCorp has filed a Motion to Remand [Dkt. 46] which includes an

15

amended complaint. [Id. at Exh. B] The amended complaint removes XL

16

Catlin as a defendant from the action and, in their place, names other

17

subscribing syndicates to the Policy.

18

5. The Motion to Remand is currently pending before the Court.

19

6. By virtue of the amended complaint, XL Catlin Syndicate 2003 will no

20

longer be a party to this action and, therefore, would not have to submit a

21

responsive pleading.

22

7. Based on the foregoing, the Parties stipulate XL Catlin shall have 10 days

23

to file a response to the operative complaint in this action once this Court

24

has issued an order on the Motion to Remand, to the extent a response is

25

necessary from XL Catlin.

26

8. In the event the Court does not issue an order remanding the case, XL

27

Catlin shall have 10 days from that decision to respond to the operative

28

JOINT STIPULATION ON EXTENSION OF TIME FOR DEFENDANT, XL CATLIN LLOYD’S
SYNDICATE XLC 2003, TO RESPOND TO COMPLAINT - 2

1
2
3

complaint.
The parties certify the extension is not requested, or stipulated hereto, for
purposes of delay.

4
5

DATED: November 22, 2024

6
7
8
9
10

CHRISTENSEN HSU SIPES LLP

11
12

/s/ Mark E. Christensen
Mark E. Christensen, Esq.
Christensen Hsu Sipes LLP
1629 Cravens Ave
Torrance, CA 90501
[e-mail]
Tel: [phone]
Attorney for XL Catlin Llyod’s
Syndicate XLC 2003

/s/ Christina M. Shea
Cristina M. Shea, Esq.
Reed Smith LLP
101 Second Street, Suite 1800
San Francisco, CA 94105
[e-mail]
Tel: [phone]
Attorney PacifiCorp

13
14
15
16
17

IT IS SO ORDERED.
Dated: November 26, 2024

____________________________
Troy L. Nunley
Chief United States District Judge

18
19
20
21
22
23
24
25
26
27
28

JOINT STIPULATION ON EXTENSION OF TIME FOR DEFENDANT, XL CATLIN LLOYD’S
SYNDICATE XLC 2003, TO RESPOND TO COMPLAINT - 3