State Farm Mutual Automobile Insurance Company v. United State of America

Filing 6

ORDER EXTENDING TIME TO RESPOND TO COMPLAINT AND CONTINUING CMC by Chief Magistrate Judge Maria-Elena James granting 5 Stipulation (rmm2S, COURT STAFF) (Filed on 11/27/2012)

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MELINDA HAAG (CABN 132612)
United States Attorney

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ALEX G. TSE (CSBN 152348)
Chief, Civil Division

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MARK R. CONRAD (CSBN 255667)
Assistant United States Attorney

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450 Golden Gate Avenue, Box 36055
San Francisco, California 94102-3495
Telephone: [phone]
Fax: [phone]
Email: [e-mail]

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Attorneys for Defendants
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REESE LAW GROUP
Joseph M. Pleasant (CSBN179571)
6725 Mesa Ridge Road, Suite 240
San Diego, CA 92121
Telephone: [phone]
Fax: [phone]
Email: [e-mail]

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Attorneys for Plaintiff

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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STATE FARM AUTOMOBILE
INSURANCE COMPANY,
Plaintiff,

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v.
UNITED STATES OF AMERICA,
Defendant.

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STIPULATION EXTENDING TIME
Case No. C 12-04678 MEJ

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No. C 12-04678 MEJ
STIPULATION EXTENDING TIME
FOR DEFENDANT TO RESPOND TO
COMPLAINT AND CONTINUING
INITIAL CASE MANAGEMENT
CONFERENCE AND [PROPOSED]
ORDER

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Pursuant to Northern District Civil Local Rules 6-1(a), 7-12, and 16-2(d), Plaintiff State

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Farm Mutual Automobile Insurance Company and Defendant United States of America hereby

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submit the following stipulation and proposed order extending the time for Defendant to respond

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to the Complaint and continuing the Initial Case Management Conference in this action.

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WHEREAS, on September 7, 2012, Plaintiff filed this subrogation action seeking

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$5000.98 in damages in connection with an insurance claim that was paid by Plaintiff to a

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policyholder involved in a motor vehicle accident with an individual allegedly acting at the time

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within the course and scope of his employment by the United States Mint;

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WHEREAS, Plaintiff served the United States Attorney’s Office with a copy of the
summons and complaint in this action on or around September 27, 2012;
WHEREAS, the Order Setting Initial Case Management Conference and ADR Deadlines

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in this action, see Dkt. No. 3, set a deadline of November 29, 2012, for the parties to submit a

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Case Management Statement, and further set an initial case management conference for

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December 6, 2012;

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WHEREAS, Defendant has not yet responded to the Complaint in this action and,

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without waiving any arguments that Defendant may have regarding defects of service in this

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action, the deadline for Defendant to respond to the Complaint in this action is still not until

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November 26, 2012;

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WHEREAS, in light of the amount in controversy in this action, the parties have already

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initiated good-faith discussions regarding the settlement of the claims presented in this action

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and intend to continue such negotiations forthwith and to voluntarily exchange information

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regarding the subject matter of this lawsuit in order to resolve the dispute, if possible, without

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further litigation or need for Court intervention;

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NOW, THEREFORE, it is hereby agreed by Plaintiff and Defendant that (1) Defendant’s

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deadline to respond to the Complaint in this action shall be extended by forty-five (45) days until

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and including Monday, January 14, 2013; and (2) the Initial Case Management Conference set in

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this action shall be continued until February 7, 2013, at 10:00 a.m. and all other deadlines set by
STIPULATION EXTENDING TIME
Case No. C 12-04678 MEJ

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the Court in its Order Setting Initial Case Management Conference shall be continued by the

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same interval, such that the parties’ Case Management Statement(s) shall be due on or before

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January 31, 2013, and the meet-and-confer deadlines set in the Court’s order shall be January 17,

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2013.

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IT IS SO STIPULATED.

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Respectfully submitted,

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DATED: November 26, 2012

MELINDA HAAG
United States Attorney

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/s/ Mark R. Conrad
MARK R. CONRAD
Assistant United States Attorney
Attorneys for Defendant

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DATED: November 26, 2012

REESE LAW GROUP
Joseph M. Pleasant

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/s/ Joseph M. Pleasant
JOSEPH M. PLEASANT
Attorneys for Plaintiff

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STIPULATION EXTENDING TIME
Case No. C 12-04678 MEJ

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[PROPOSED] ORDER

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Pursuant to the stipulation of the parties, the Court hereby ORDERS that the deadline for

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Defendant to respond to the Complaint in this action shall be extended by forty-five (45) days

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until and including Monday, January 14, 2013; and further ORDERS that the Initial Case

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Management Conference in this matter set for December 6, 2013, is hereby VACATED and

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CONTINUED until February 7, 2013, at 10:00 a.m. The parties shall file a Joint Case

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Management Statement not later than January 31, 2013.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: _______________
November 27, 2012

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HONORABLE MARIA-ELENA JAMES
Chief Magistrate Judge

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STIPULATION EXTENDING TIME
Case No. C 12-04678 MEJ

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