Schaeffer et al v. Piccolo Properties, L.P. et al

Filing 75

STIPULATION AND ORDER re 74 STIPULATION WITH PROPOSED ORDER to Extend Time to Respond to Complaint filed by Estate of Sam S. Lim, Estate of Kathleen N. Taylor. Signed by Judge Jon S. Tigar on April 11, 2014. (wsn, COURT STAFF) (Filed on 4/11/2014)

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Gordon & Rees LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111

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STEVEN B. BITTER (SBN: 156911)
[e-mail]
LAURA G. RYAN (SBN: 184363)
[e-mail]
GORDON & REES LLP
101 W. Broadway, Suite 2000
San Diego, CA 92101
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants Estate of Kathleen N. Taylor, Deceased
and Estate of Sam S. Lim, Deceased (only with respect to insurance
coverage allegedly issued by Zurich American Insurance Company)
CROWELL & MORING LLP
Mark D. Plevin (SBN: 146278, [e-mail])
Brendan V. Mullan (SBN: 267613, [e-mail])
275 Battery Street, 23rd Floor
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants Estate of Kathleen N. Taylor, Deceased
and Estate of Sam S. Lim, Deceased (only with respect to insurance
coverage allegedly issued by Fireman’s Fund Insurance Company)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RYAN SCHAEFFER, et al.,

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Plaintifs,
vs.
GREGORY VILLAGE PARTNERS, L.P., et
al.,
Defendants.

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CASE NO. 3:13-CV-04358-JST
STIPULATION AND ORDER TO
EXTEND TIME TO RESPOND TO
COMPLAINT
[Local Rule 6-1]

TO THE COURT AND ALL PARTIES AND THEIR ATTORNEYS
OF RECORD:

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Plaintiffs Ryan, Anne and Reese Schaeffer (collectively, the “Plaintiffs”), and defendants

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the Estate of Kathleen N. Taylor, deceased (“Taylor Estate”) and the Estate of Sam S. Lim,

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deceased (“Lim Estate”), through their respective attorneys, hereby stipulate as follows:
-1STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT
[Local Rule 6-1]

Case No. 3:13-CV-04358-JST

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1)

Plaintiffs filed this lawsuit on or about June 1, 2011 in the Contra Costa County

Superior Court. The matter was removed to this Court on or about September 19, 2013.

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2)

Zurich American Insurance Company (“Zurich”) was served with a summons and

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the fourth amended complaint (“Complaint”) on March 10, 2014 pursuant to California Probate

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Code § 550, et seq. on behalf of Floyd G. Taylor (“Mr. Taylor”), the Taylor Estate, and the Lim

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Estate.

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3)

Fireman’s Fund Insurance Company (“Fireman’s Fund) was also served with a

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summons and the Complaint on March 10, 2014 pursuant to California Probate Code § 550, et

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seq. on behalf of Mr. Taylor, the Taylor Estate, and the Lim Estate.

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4)

In order to provide Zurich and Fireman’s Fund with sufficient time to prepare

Gordon & Rees LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111

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responses to the Complaint on behalf of the Taylor Estate and the Lim Estate, Plaintiffs have

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agreed to provide Zurich and Fireman’s Fund until May 9, 2014 to file responses to the

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Complaint on behalf of the Estates.

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5)

Counsel for Plaintiffs represents that although Mr. Taylor was living at the time

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this lawsuit was filed, he has since died, and that the summonses served on Zurich and Fireman’s

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Fund with respect to Mr. Taylor actually should have referred to the “Estate of Floyd G. Taylor,

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Deceased.” In light of these representations, Plaintiffs, Zurich, and Fireman’s Fund stipulate that

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all references in the Fourth Amended Complaint to “Floyd G. Taylor” as a defendant in this

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action shall be replaced by references to “Estate of Floyd G. Taylor, Deceased.” Based on the

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foregoing representations by counsel for Plaintiffs and the parties’ stipulation, the parties also

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agree that (a) Zurich and Fireman’s Fund shall have until May 9, 2014 to file responses to the

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Complaint on behalf of the Estate of Floyd G. Taylor, Deceased and (b) Plaintiffs shall not

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attempt to take a default judgment against Mr. Taylor. It is agreed among the stipulating parties

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that the stipulation in this paragraph shall not limit Plaintiffs’ ability to add a personal

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representative or successor in interest for the Estate of Floyd G. Taylor.

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6)

Thus, Plaintiffs, Zurich, and Fireman’s hereby stipulate and agree that Zurich and

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Fireman’s Fund shall have until May 9, 2014 to file responses to the Complaint on behalf of the

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Taylor Estate, the Estate of Floyd G. Taylor, and the Lim Estate.
-2STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT
[Local Rule 6-1]

Case No. 3:13-CV-04358-JST

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7)

The parties agree that by entering into this stipulation, the Taylor Estate, the

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Estate of Floyd G. Taylor, and the Lim Estate do not waive any affirmative or other defenses in

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this matter, including without limitation the right to assert insufficiency of service of process,

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lack of personal jurisdiction, lack of subject matter jurisdiction, or the right to challenge the use

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of Probate Code § 550, et seq. in federal court generally or specifically as to any of the

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defendants.

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STIPULATED AND AGREED:
Dated: April 10, 2014

GORDON & REES LLP

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By /s/ Laura G. Ryan
STEVEN B. BITTER
LAURA G. RYAN
Attorneys for Defendants Estate of Kathleen N.
Taylor, Deceased and Estate of Sam S. Lim,
Deceased (only with respect to insurance coverage
allegedly issued by Zurich American Insurance
Company)

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Dated: April 10, 2014

By /s/ Mark D. Plevin
MARK D. PLEVIN
BRENDAN V. MULLAN
Attorneys for Defendants Estate of Kathleen N.
Taylor, Deceased and Estate of Sam S. Lim,
Deceased (only with respect to insurance coverage
allegedly issued by Fireman’s Fund Insurance
Company)

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Dated: April 10, 2014

PALADIN LAW GROUP LLP

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DISTR

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____________________________________
S . Ti ga r
JUDGE OF THE DISTRICT COURT
d ge J o n
Ju

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1095415/19136267v.1

April 11, 2014

OR

NO

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IT IS SO ORDERED.

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IT IS S

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UNIT
ED

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RT
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ICT
By /s/ John R. Till TES
C
JOHN R. TILL
TA
BRET A. STONE
Attorneys for Plaintiffs
RYAN, ANNE and REESEERED
D SCHAEFFER

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FO

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CROWELL & MORING LLP

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-3ER
STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT
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[Local Rule 6-1]
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Gordon & Rees LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111

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Case No. 3:13-CV-04358-JST
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