St. Paul Mercury Insurance Company v. American Safety Indemnity Company et al

Filing 41

STIPULATION AND ORDER re 40 STIPULATION to Extend time for Aspen Specialty Insurance Company Time to File a Responsive Pleading filed by St. Paul Mercury Insurance Company. Signed by Judge Edward M. Chen on 4/29/13. (bpf, COURT STAFF) (Filed on 4/29/2013)

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THE AGUILERA LAW GROUP, APLC
A. ERIC AGUILERA (SBN 192390)
KIMBERLY R. ARNAL (SBN 200448)
700 S. Flower Street, Suite 3350
Los Angeles, CA 90017
T: 213-929-1330 / F: 213-929-1331
[e-mail]
[e-mail]

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Attorneys for Plaintiff
ST. PAUL MERCURY INSURANCE COMPANY

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA - SAN FRANCISCO DIVISION

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ST. PAUL MERCURY INSURANCE
COMPANY, a Minnesota corporation,

CASE NO.

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3:13-cv-01082 EMC

Judge : Hon. Edward M. Chen
Plaintiff,

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STIPULATION TO EXTEND TIME FOR
ASPEN SPECIALTY INSURANCE
COMPANY TO FILE A RESPONSIVE
PLEADING; [PROPOSED] ORDER

v.
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564296.1 666.34657

AMERICAN SAFETY INDEMNITY
COMPANY, an Oklahoma corporation; ARCH
SPECIALTY INSURANCE COMPANY, a
Nebraska corporation; ASPEN SPECIALTY
INSURANCE COMPANY, a North Dakota
Corporation; FIRST SPECIALTY
INSURANCE CORPORATION, a Missouri
corporation; GOLDEN BEAR INSURANCE
COMPANY, a California corporation;
HARTFORD CASUALTY INSURANCE
COMPANY, a New Jersey corporation;
LANDMARK AMERICAN INSURANCE
COMPANY, an Oklahoma corporation;
LEXINGTON INSURANCE COMPANY, a
Delaware corporation; LIBERTY MUTUAL
INSURANCE COMPANY, a Massachusetts
corporation; MARYLAND CASUALTY
COMPANY, a Maryland corporation; MT.
HAWLEY INSURANCE COMPANY, an
Illinois corporation; NATIONAL UNION
FIRE INSURANCE COMPANY, a
Pennsylvania corporation; NAUTILUS
INSURANCE COMPANY, an Arizona
corporation; NORTHERN INSURANCE
COMPANY OF NEW YORK, a New York
corporation; PROBUILDERS SPECIALTY
INSURANCE COMPANY, RRG, A RISK

Complaint Filed: 3/08/2013

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3:13-cv-01082 EMC
Stipulation to Extend Time for Aspen to File a Responsive Pleading; [Proposed] Order

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RETENTION GROUP, a District of Columbia
corporation; SCOTTSDALE INSURANCE
COMPANY, an Ohio corporation; UNITED
NATIONAL INSURANCE COMPANY, a
Pennsylvania corporation; ZURICH
AMERICAN INSURANCE COMPANY, a
New York corporation and DOES 1-1000,
inclusive,

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Defendants.
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This Stipulation is entered into by and between Plaintiff St. Paul Mercury Insurance
Company ("St. Paul") and Defendant Aspen Specialty Insurance Company ("Aspen") by and
through their respective counsel of record.
RECITALS

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1.

WHEREAS St. Paul filed its complaint in the instant action on March 8, 2013;

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2.

WHEREAS St. Paul served Aspen with the summons and complaint in this action

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on March 19, 2013;
3.

WHEREAS, under the Federal Rules of Civil Procedure, Rule 12(a)(1), Aspen's

response was due by April 10, 2013;
4.

WHEREAS, St. Paul provided Aspen with a fifteen (15) day extension of time to

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file a responsive pleading in this action, such that Aspen's response to the complaint became April

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25, 2013;

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5.

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WHEREAS, Aspen needs and St. Paul is willing to provide another extension of

time to file a responsive pleading in this action;
6.

Whereas, St. Paul and Aspen agree that the further extension of time for Aspen to

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file a responsive pleading to the Complaint will not alter the date of any event or any deadline

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already fixed by Court order.
IT IS HEREBY STIPULATED AND AGREED:

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564296.1 666.34657

7.

Aspen is granted a fifteen (15) day extension of time to file a responsive pleading

in this action, such that Aspen's response to the complaint is now due on May 10, 2013.
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3:13-cv-01082 EMC
Stipulation to Extend Time for Aspen to File a Responsive Pleading; [Proposed] Order

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8.

This stipulation shall not constitute an appearance by Aspen. Aspen does not waive

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its right to challenge the Court's jurisdiction over this matter and/or whether Aspen was validly

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served with summons and complaint.

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DATED: April 25, 2013

THE AGUILERA LAW GROUP, APLC

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By:

/s/ Kimberly R. Arnal
A. ERIC AGUILERA
KIMBERLY ARNAL
Attorneys for Plaintiff
ST. PAUL MERCURY INSURANCE COMPANY

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DATED: April 25, 2013

SELMAN BREITMAN LLP

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By:

/s/ Gregory J. Newman
GREGORY J. NEWMAN
Attorneys for Defendant
ASPEN SPECIALTY INSURANCE COMPANY

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ORDER
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The Court having reviewed the stipulation between Plaintiff St. Paul and Defendant Aspen
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further extending the time for Aspen to respond to the complaint, the Court grants the stipulation
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and orders that Aspen shall have through and until May 10, 2013 to respond to the Complaint.
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IT IS SO ORDERED.
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4/29/13

S

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564296.1 666.34657

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. Chen

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Hon. Edward M. Chen

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UNIT
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By:

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DATED:
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F
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3:13-cv-01082 EMC
Stipulation to Extend Time for Aspen to File a Responsive Pleading; [Proposed] Order

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PROOF OF SERVICE

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STATE OF CALIFORNIA, COUNTY OF LOS ANGELES

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I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not
a party to the within action; my business address is 700 S. Flower St., Ste. 3350, Los Angeles,
California 90017.

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On April 25, 2013, I served the foregoing document described as: STIPULATION TO
EXTEND TIME FOR ASPEN SPECIALTY INSURANCE COMPANY TO FILE A
RESPONSIVE PLEADING; [PROPOSED ORDER] on the interested parties in this action.
BY U.S. MAIL
( ) *I deposited such envelope in the mail at Los Angeles, California. The envelope was mailed
with postage thereon fully prepaid.
As follows: I am "readily familiar" with the firm's practice of collection and processing
correspondence for mailing. Under the practice it would be deposited with U.S. postal service on
that same day with postage thereon fully prepaid at Los Angeles, California in the ordinary course
of business. I am aware that on motion of the party served, service is presumed invalid if postal
cancellation date or postage date is more than 1 day after date of deposit for mailing in affidavit.
BY ELECTRONIC SERVICE VIA ECF I transmitted a true copy of the above entitled
document(s) to CM/ECF for filing and service on all parties.

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(State) I declare under penalty of perjury under the laws of the State of California that the
above is true and correct.
(Federal) I declare that I am employed in the office of a member of the bar of this court at
whose direction the service was made.
Executed on April 25, 2013 at Los Angeles, California.

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_____/s/ Judy Jaramillo_______________
Judy Jaramillo

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564296.1 666.34657

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3:13-cv-01082 EMC
Stipulation to Extend Time for Aspen to File a Responsive Pleading; [Proposed] Order