Smith v. Allstate Insurance Company et al

Filing 14

STIPULATION AND ORDER regarding plaintiff's first amended complaint and responsive pleadings. Signed by Judge Susan Illston on 03/22/10. (rbe, COURT STAFF) (Filed on 3/23/2010)

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SONNENSCHEIN NATH & ROSENTHAL LLP 2121 NORTH CALIFORNIA BLVD., SUITE 800 WALNUT CREEK, CALIFORNIA 94596 [phone]

SCOTT L. WOODALL (State Bar No. 181971) AMY R. GOLTZ (State Bar No. 243078) LAW OFFICE OF SCOTT L. WOODALL 2340 Santa Rita Road, Suite 5 Pleasanton, CA 94566 Telephone: [phone] Facsimile: [phone] [e-mail] Attorneys for Plaintiff TYLER SMITH CYNTHIA L. MELLEMA (State Bar No. 122798) JEFFRY BUTLER (State Bar No. 180936) NORMAN LAU (State Bar No. 253690) SONNENSCHEIN NATH & ROSENTHAL LLP 2121 North California Blvd., Suite 800 Walnut Creek, CA 94596 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] [e-mail] Attorneys for Defendants ALLSTATE INSURANCE COMPANY, ALLSTATE INDEMNITY COMPANY, BRIAN HAR and IRA SPRATLEY UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

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TYLER SMITH, Plaintiff, vs. ALLSTATE INSURANCE COMPANY, an Illinois Corporation; ALLSTATE INDEMNITY COMPANY, an Illinois Corporation; BRIAN HAR, an individual; IRA SPRATLEY, an individual, and DOES 1 TO 50 inclusive Defendants.

No. CV 10 0407 SI STIPULATION AND [PROPOSED] ORDER REGARDING PLAINTIFF'S FIRST AMENDED COMPLAINT AND RESPONSIVE PLEADINGS TO SAME

Case No. CV 10 0407 SI

STIPULATION AND [PROPOSED] ORDER RE PLTFF'S FIRST AMENDED COMPLAINT AND RESPONSIVE PLEADINGS TO SAME

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SONNENSCHEIN NATH & ROSENTHAL LLP 2121 NORTH CALIFORNIA BLVD., SUITE 800 WALNUT CREEK, CALIFORNIA 94596 [phone]

Plaintiff Tyler Smith and Defendants Allstate Insurance Company, Allstate Indemnity Company, Brian Har, and Ira Spratley (collectively "Defendants"), hereby stipulate to the following: 1. Pursuant to the Court's March 9, 2010 order, Plaintiff will file a first amended

complaint. The first amended complaint will differ in some respects from the proposed first amended complaint attached to the declaration of Scott Woodall, filed with this Court on March 4, 2010. The differences are not substantial and do not involve alleging additional facts. 2. On March 12, 2010, Plaintiff's counsel prepared a draft of the revised first amended

complaint and sent that document to Defendant's counsel. 3. Defendants' counsel reviewed the revised first amended complaint they received on

March 12, and do not object to Plaintiff filing that complaint instead of the one attached to Mr. Woodall's March 4, 2010 declaration. Defendants dispute, however, that Plaintiff is entitled to a jury trial, as noted in the revised complaint. 4. The answer Allstate Insurance Company and Allstate Indemnity Company filed with

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the Alameda County Superior Court on or about January 26, 2010 will serve as the answer to the first amended complaint. 5. Nothing in this stipulation affects the right of Brian Har and/or Ira Spratley to file a

responsive pleading 21 days after filing and service of the first amended complaint.

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Case No. CV 10 0407 SI

-1STIPULATION AND [PROPOSED] ORDER RE PLTFF'S FIRST AMENDED COMPLAINT AND RESPONSIVE PLEADINGS TO SAME

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SONNENSCHEIN NATH & ROSENTHAL LLP 2121 NORTH CALIFORNIA BLVD., SUITE 800 WALNUT CREEK, CALIFORNIA 94596 [phone]

6. Nothing in this stipulation affects the right of Plaintiff to file a motion for remand. IT IS SO STIPULATED: Dated: March 19, 2010 LAW OFFICES OF SCOTT L. WOODALL

By ___________/s/ Scott L. Woodall_________ SCOTT L. WOODALL Attorneys for Plaintiff TYLER SMITH Dated: March 19, 2010 SONNENSCHEIN NATH & ROSENTHAL LLP

12 13 14 15 16 17 18 19 20 21 22 23 Filer's Attestation Pursuant to General Order No. 45, section X(B) regarding signatures, I attest under penalty of perjury that the concurrence in the filing of this document has been obtained from its signatories. Dated: March 19, 2010 By: _________/s/ Jeffry Butler________ Attorneys for Defendants ALLSTATE INSURANCE COMPANY, ALLSTATE INDEMNITY COMPANY, BRIAN HAR and IRA SPRATLEY By _________/s/ Jeffry Butler______________ JEFFRY BUTLER

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Case No. CV 10 0407 SI

____________________________________ The Honorable Susan Y. Illston
ston usan Ill

UNIT ED

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IT IS SO ORDERED:

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S DISTRICT TE C TA

-2ER C STIPULATION N [PROPOSED] ORDER RE PLTFF'S AND F D IS T IC T O FIRST AMENDED COMPLAINT AND RESPONSIVE PLEADINGS TO SAME

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03/22/10

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