Jones v. AIG Risk Management Inc et al

Filing 69

STIPULATION AND ORDER TO PERMIT PLAINTIFF TO INCLUDE DEFENDANT CHARTIS CLAIMS re 67 Stipulation, filed by Tammi Jones. Signed by Judge Edward M. Chen on 12/17/10. (bpfS, COURT STAFF) (Filed on 12/17/2010)

Jones v. AIG Risk Management Inc et al

Doc. 69

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RICHARD SELTZER, ESQ. (SBN 92317) LAW OFFICES OF RICHARD SELTZER Two Theatre Square, Suite 234 Orinda, California 94563-3346 Telephone: [phone] Facsimile: [phone] EDWARD M. MASTRANGELO, ESQ. (SBN 83720) MASTRANGELO LAW OFFICES A Professional Corporation Two Theatre Square, Suite 234 Orinda, California 94563-3346 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff TAMMI JONES REBECCA R. WEINREICH, ESQ. (SBN 155684) HELLAR-ANN HANCOCK, ESQ. (SBN 117075) LEWIS BRISBOIS BISGAARD & SMITH LLP 221 North Figueroa Street, Suite 1200 los Angeles, California 90012 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION

TAMMI JONES, Plaintiff, vs. AMERICAN INTERNATIONAL GROUP, INC.; NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA and CHARTIS CLAIMS, INC., formerly known as AIG DOMESTIC CLAIMS, INC.; and DOES ONE through TWENTY, Defendants. _____________________________________/

Case No. CV-10-1374 EMC [The Honorable Edward M. Chen] STIPULATION AND ORDER TO PERMIT PLAINTIFF TO INCLUDE DEFENDANT CHARTIS CLAIMS, INC. (FORMERLY KNOWN AS AIG DOMESTIC CLAIMS, INC.) IN THE THIRD AMENDED C O M P L A I N T AND DEFENDANT'S RIGHT TO RESPOND BY ANSWER OR MOTION

Plaintiff TAMMI JONES and Defendant CHARTIS CLAIMS, INC. (formerly known as AIG DOMESTIC CLAIMS, INC.) hereby stipulate as follows: WHEREAS, by a Minute Order dated November 17, 2010, the Court ordered Plaintiff to file
STIPULATION AND ORDER TO PERMIT PLAINTIFF TO INCLUDE DEFENDANT CHARTIS CLAIMS, INC. (FORMERLY KNOWN AS AIG DOMESTIC CLAIMS, INC.) IN THE THIRD AMENDED COMPLAINT AND DEFENDANT'S RIGHT TO RESPOND BY ANSWER OR MOTION 1

Dockets.Justia.com

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a Second Amended Complaint by November 19, 2010, and Defendants to file their response within 20 days; and WHEREAS, pursuant to stipulation of December 9, 2010, that Plaintiff file a Third Amended Complaint by 5:00 p.m. on December 16, 2010, against defendants, and defendants not be required to respond to plaintiff's Second Amended Complaint; and WHEREAS, the stipulation between TAMMI JONES and defendants filed on December 9, 2010, inadvertently failed to include Defendant CHARTIS CLAIMS, INC. (formerly known as AIG DOMESTIC CLAIMS, INC.), a defendant in both the First Amended Complaint and the Second Amended Complaint; The Parties through their respective counsel hereby stipulate and agree as follows, and request that the Order of the Court entered on December 16, 2010, be amended as follows: 1. Plaintiff may include in the Third Amended Complaint which will be filed by 5:00 p.m. on December 16, 2010, Defendant CHARTIS CLAIMS, INC. (formerly known as AIG DOMESTIC CLAIMS, INC.). With this stipulation, Defendants do not agree and do not waive the right to argue that any Chartis entity is a proper defendant to this action. Defendants reserve the right to challenge all claims against any Defendant, including Chartis entities, by motion, including, but not limited to, motions to dismiss and motions to strike. 2. Defendants need not file any response to the allegations against Defendant CHARTIS CLAIMS, INC. (formerly known as AIG DOMESTIC CLAIMS, INC.) in the Second Amended Complaint since it will be superceded by the Third Amended Complaint. Instead, Defendants will respond to the allegations against Defendant CHARTIS CLAIMS, INC. (formerly known as AIG DOMESTIC CLAIMS, INC.) in the Third Amended Complaint, by way of answer or motion(s), within 20 days after plaintiff files her Third Amended Complaint. /// /// ///
STIPULATION AND ORDER TO PERMIT PLAINTIFF TO INCLUDE DEFENDANT CHARTIS CLAIMS, INC. (FORMERLY KNOWN AS AIG DOMESTIC CLAIMS, INC.) IN THE THIRD AMENDED COMPLAINT AND DEFENDANT'S RIGHT TO RESPOND BY ANSWER OR MOTION 2

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Date: December 16, 2010

/s/ Richard Seltzer, Esq. ____________________________________ RICHARD SELTZER, ESQ. Attorney for Plaintiff

Date: December 16, 2010

/s/ Rebecca R. Weinreich, Esq. ____________________________________ REBECCA R. WEINREICH, ESQ. Attorney for Defendants

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ORDER IT IS SO ORDERED. Date: 12/17/10

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STIPULATION AND ORDER TO PERMIT PLAINTIFF TO INCLUDE DEFENDANT CHARTIS CLAIMS, INC. (FORMERLY KNOWN AS AIG DOMESTIC CLAIMS, INC.) IN THE THIRD AMENDED COMPLAINT AND DEFENDANT'S RIGHT TO RESPOND BY ANSWER OR MOTION 3

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______________________C_____________ _ hen EDWARD M. e Edward M. CHEN Judg United States Magistrate Judge

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Tammi Jones v. AIG Risk Management, et al. CV 10-01374 EMC CERTIFICATE OF SERVICE 28 U.S.C. §1746 STATE OF CALIFORNIA, COUNTY OF CONTRA COSTA: At the time of service, I was over 18 years of age and not a party to the action. My business address is Two Theatre Square, Suite 234, Orinda, California 94563. I am employed in the office of a member of the bar of this Court at whose direction the service was made. On the date listed below, I served the following documents: STIPULATION AND ORDER TO PERMIT PLAINTIFF TO INCLUDE DEFENDANT CHARTIS CLAIMS, INC. (FORMERLY KNOWN AS AIG DOMESTIC CLAIMS, INC.) IN THE THIRD AMENDED COMPLAINT AND DEFENDANT'S RIGHT TO RESPOND BY ANSWER OR MOTION by transmitting via facsimile the above document(s) to the fax number(s) set forth below on this date before 5:00 p.m. by placing the document(s) listed above in a sealed envelope with postage thereon fully prepaid, in the United States mail at Orinda, California addressed as set forth below. by causing personal delivery by messenger of the document(s) listed above to the person(s) at the address(es) set forth below. by personally delivering the document(s) listed above to the person(s) at the address(es) set forth below. X Pursuant to Local Rule, I electronically filed the documents with the Clerk of the Court using the CM/ECF system, which sent notification of that filing to the persons listed below.

Rebecca R. Weinreich, Esq. Heller-Ann Hancock, Esq. LEWIS BRISBOIS BISGAARD & SMITH LLP 221 North Figueroa Street, Suite 1200 Los Angeles, California 90012 Telephone: [phone] Facsimile: [phone] Email: [e-mail] [e-mail] I declare under penalty of perjury under the laws of the United States of America that the above is true and correct. Executed at Orinda, California, on December 16, 2010. ____________________________ Shawn DeMello
STIPULATION AND ORDER TO PERMIT PLAINTIFF TO INCLUDE DEFENDANT CHARTIS CLAIMS, INC. (FORMERLY KNOWN AS AIG DOMESTIC CLAIMS, INC.) IN THE THIRD AMENDED COMPLAINT AND DEFENDANT'S RIGHT TO RESPOND BY ANSWER OR MOTION 4