United States of America v. Gonzales & Gonzales Bonds and Insurance Agency, Inc. et al

Filing 54

STIPULATION AND ORDER extending time to fifteen days after ruling on remand motion; Signed by Judge Marilyn Hall Patel on 9/9/2010. (awb, COURT STAFF) (Filed on 9/9/2010)

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UNITED STATES DEPARTMENT OF JUSTICE Ruth A. Harvey Assistant Director E. Kathleen Shahan John Siemietkowski Frances M. McLaughlin Trial Attorneys Commercial Litigation Branch Civil Division P.O. Box 875 Ben Franklin Station Washington, D.C. 20044-0875 Tele: [phone]; Fax: [phone] [e-mail] Attorneys for Plaintiff UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO/OAKLAND DIVISION UNITED STATES OF AMERICA, Plaintiff, v. GONZALES & GONZALES BONDS INSURANCE AGENCY, INC., and AMERICAN SURETY COMPANY, INC., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. CV-09-04029 MHP

SECOND STIPULATION ENLARGING TIME FOR UNITED STATES TO FILE ANSWER TO COUNTERCLAIM

GONZALES & GONZALES BONDS AND INSURANCE AGENCY, INC., and AMERICAN SURETY COMPANY, INC., Counterplaintiffs, v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY, JANET NAPOLITANO, in her capacity as SECRETARY OF THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY, Counterdefendants.

Second Stipulation for United States to File Answer to Counterclaim

CV-09-04029 MHP

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SECOND STIPULATION ENLARGING TIME FOR UNITED STATES TO FILE ANSWER TO COUNTERCLAIM Pursuant to Civil L. R. 6-1(a), 6-2 and 7-12, the parties, through their respective counsel, stipulate and agree as follows: 1. On August 28, 2009, the United States filed its Complaint (Dkt. # 1) in the instant

2. On October 22, 2009, Gonzales & Gonzales Bonds and Insurance Agency, Inc. (G&G) and American Surety Company, Inc. (ASC) filed its Answer to the Complaint and Counterclaim (Dkt. # 9). 3. On July 27, 2010, the Court entered its Memorandum and Order (Dkt. # 48), which, inter alia, triggered the time for the United States to file an answer to the Defendants' Counterclaim by August 10, 2010. FED. R. CIV. P. 12(a)(4)(A). 4. On August 11, 2010, the Court approved the parties' August 6, 2010 Stipulation Enlarging Time for United States to File Answer to Counterclaim, (Dkt. # 50) enlarging the United States' time to answer to and including September 9, 2010. 5. The United States will file shortly a motion to remand to the Department of Homeland Security (DHS) for reconsideration nine of the 17 bond breach determinations that are the subject of Defendants/Counter-Plaintiffs Counterclaim. The parties have consulted on this motion and Defendants/Counter-Plaintiffs intend to oppose the motion. 5. The requested stipulation will have no effect on the schedule for the case. The parties are moving forward on negotiating a Protective Order and the United States is preparing the Afiles for production pursuant to the Court's July 27, 2010 Order. Therefore, the parties stipulate that, the United States' time within which to answer the Defendants' Counterclaim be enlarged to 15 days after the Court rules on the United States' Motion to Remand.

Second Stipulation for United States to File Answer to Counterclaim

CV-09-04029 MHP

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IT IS SO STIPULATED.

Dated: September 8, 2010

ROXBOROUGH, POMERANCE, NYE & ADREANI, LLP

TONY WEST Assistant Attorney General JOSEPH P. RUSSONIELLO United States Attorney

/s/ David R. Ginsburg GARY A. NYE DAVID R. GINSBURG Attorneys for Defendants/ Counterclaimants GONZALES & GONZALES BONDS AND INSURANCE AGENCY, INC. and AMERICAN SURETY COMPANY, INC.

/s/ E. Kathleen Shahan J. CHRISTOPHER KOHN RUTH A. HARVEY E. KATHLEEN SHAHAN (D.C. Bar No.267872) JOHN SIEMIETKOWSKI (PA Bar. No. 50346) FRANCES M. MCLAUGHLIN (FL Bar No. 0256640) Attorneys, Trial Civil Division U.S. Department of Justice Commercial Litigation Branch P.O. Box 875 Ben Franklin Station Washington, DC 20044-0875 Tel: [phone] Fax: [phone] Attorneys for the United States of America

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