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

Filing 83

STIPULATION AND ORDER re 82 SECOND STIPULATION AND ORDER TO EXTEND TIME TO RESPOND TO COMPLAINT filed by Estate of Sam S. Lim, Estate of Kathleen N. Taylor, Floyd G. Taylor. Signed by Judge Jon S. Tigar on May 9, 2014. (wsn, COURT STAFF) (Filed on 5/9/2014)

1

5

John R. Till (SBN: 178763)
[e-mail]
Kirk M. Tracy (SBN: 288508
[e-mail]
PALADIN LAW GROUP LLP
1176 Boulevard Way
Walnut Creek, California 94595
Telephone: [phone]
Facsimile: [phone]

6

Attorneys for Plaintiffs

7

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]

2
3
4

8
9
10

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

11
12
13

Attorneys for Defendants Estate of Kathleen N. Taylor, Deceased,
Estate of Floyd G. Taylor, Deceased and Estate of Sam S. Lim, Deceased
(only with respect to insurance coverage allegedly issued by
Zurich American Insurance Company)

14
15
16

UNITED STATES DISTRICT COURT

17

NORTHERN DISTRICT OF CALIFORNIA

18
19

RYAN SCHAEFFER, et al.,
Plaintifs,

20
vs.

21
22

GREGORY VILLAGE PARTNERS, L.P., et
al.,

23

Defendants.

24

)
)
)
)
)
)
)
)
)
)
)

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

25
26

///

27

///

28

///
-1SECOND STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT Case No. 3:13-CV-04358-JST
[Local Rule 6-1]

1
2

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

3

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

4

the Estate of Kathleen N. Taylor, Deceased, the Estate of Floyd G. Taylor, Deceased, and the

5

Estate of Sam S. Lim, Deceased (collectively the “Estates”), through their respective attorneys,

6

hereby stipulate as follows:
1)

7
8

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.
2)

9

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

the operative complaint (“Complaint”) on March 10, 2014 pursuant to California Probate Code §

11
Gordon & Rees LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111

10

550, et seq. on behalf the Estates.
3)

12
13

Plaintiffs and Zurich previously stipulated that Zurich’s response to the Complaint

is due on May 9, 2014. The Court approved this stipulation on April 11, 2014 (see Dkt. No. 75).
4)

14

Zurich has advised Plaintiffs that it has conducted a diligent and extensive search

15

and has not uncovered any evidence that it or its affiliates have issued any insurance policies that

16

could provide coverage for any of the Estates in this case. Zurich is in the process of preparing

17

a declaration attesting to same which it will provide to Plaintiff as a basis for dismissing Zurich

18

from this matter.

19

5)

In order to provide Zurich with sufficient time to prepare the subject declaration

20

and meet and confer with Plaintiffs regarding Zurich’s dismissal, Plaintiffs have agreed to

21

provide Zurich an additional extension through and including May 23, 2014 to file responses to

22

the Complaint on behalf of the Estates.
6)

23

Thus, Plaintiffs and Zurich hereby stipulate and agree that Zurich shall have until

24

May 23, 2014 to file responses to the Complaint on behalf of the Estates.

25

///

26

///

27

///

28

///
-2SECOND STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT Case No. 3:13-CV-04358-JST
[Local Rule 6-1]

1

7)

The parties agree that by entering into this stipulation, the Estates do not waive

2

any affirmative or other defenses in this matter, including without limitation the right to assert

3

insufficiency of service of process, lack of personal jurisdiction, lack of subject matter

4

jurisdiction, or the right to challenge the use of Probate Code § 550, et seq. in federal court

5

generally or specifically as to any of the defendants.

6
7

STIPULATED AND AGREED:
Dated: May 9, 2014

GORDON & REES LLP

8
By

9
10

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

11
12
13
14

Dated: May 9, 2014

15

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

PALADIN LAW GROUP LLP
By /s/ John R. Till_____________________
JOHN R. TILL
BRET A. STONE
Attorneys for Plaintiffs
RYAN, ANNE and REESE SCHAEFFER

16
17
18
19

S
Dated:

May 9, 2014

RED

RDE
____________________________________
IS SO O
IT
JUDGE OF THE DISTRICT COURT

R NIA

22

IT IS SO ORDERED.

UNIT
ED

21

RT
U
O

20

S DISTRICT
TE
C
TA

23

27

ER

FO

. Ti ga r

LI

nS
J u d ge J o

A

H

26

RT

25

NO

24

N

D IS T IC T
R

OF

C

28
1095415/19509175v.1

-3SECOND STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT Case No. 3:13-CV-04358-JST
[Local Rule 6-1]