Carotrans International, Inc. v. AZ/CFS West, Inc.

Filing 9

ORDER GRANTING STIPULATION To Extend Time to Respnd to complaint and CMC 8 . Case Management Statement due by 4/30/2014. Parties must file consent or declination to proceed before magistrate judge by 4/30/2014. Initial Case Management Conference set for 5/7/2014 10:00 AM in Courtroom A, 15th Floor, San Francisco. Signed by Judge Nathanael Cousins on 2/10/14. (lmh, COURT STAFF) (Filed on 2/10/2014)

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PETER C. LAGARIAS (SBN 77091)
[e-mail]
LAGARIAS LAW OFFICES
1629 Fifth Avenue
San Rafael, California 94901-1828
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant AZ/CFS West, Inc.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CAROTRANS INTERNATIONAL, INC., )
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a Delaware Corporation,
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Plaintiff,
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v.
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AZ/CFS WEST INC., an Illinois
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Corporation,
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Defendants.
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CASE NO. 3:11 cv 05581-NC
STIPULATION TO EXTEND
TIME TO RESPOND TO
COMPLAINT AND ORDER

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The parties through their respective counsel, Conte Cicala, Esq.,

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Flynn, Delish & Wise, LLP, for plaintiff Carotrans International, Inc., and Peter C.

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Lagarias, Esq., Lagarias Law Offices for defendant AZ/CFS West, Inc. hereby

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stipulate to an extension of time for defendant AZ/CFS West, Inc., to respond to the

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complaint and to continue the case management dates.

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WHEREAS the parties initially extended the time to answer because defendant had

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submitted its claim to its insurance carrier, and anticipated a defense of this case by
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STIPULATION TO RESPOND TO COMPLAINT AND CONTINUE CASE MGMT DATES- 3:11 cv 05581-NC

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the insurance carrier;
WHEREAS the defendant also anticipated a possible resolution of this matter with

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plaintiff upon the insurance carrier’s involvement in the suit;

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WHEREAS defendant was first advised by its insurance carrier on February 3,

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2014, one day before the answer was originally due, that the insurance carrier
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would not represent defendant in this action;

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WHEREAS as a result, the parties are now engaging in settlement discussions and

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defendant’s current counsel is undertaking to directly represent defendant in this

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action;

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WHEREAS in order to facilitate such a resolution, and in the event that such a

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resolution is not possible, the parties have consented to an extension of time for

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defendant to respond to the complaint and continue the case management dates;

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WHEREAS the answer is currently due on February 11, 2014, having been once

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extended from February 4, 2014, to allow defendant to get a definitive answer

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regarding representation from its insurance carrier; and

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WHEREAS there is an ADR conference currently scheduled for February 12, 2014

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with the court.

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The parties Stipulate including under the Local Rules to extend the

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response date to the complaint from the date due of February 11, 2014, to a new

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date through and including April 14, 2014. This is a 60 day extension and is the
second stipulation extending time to respond to the complaint.
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STIPULATION TO RESPOND TO COMPLAINT AND CONTINUE CASE MGMT DATES- 3:11 cv 05581-NC

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The parties further stipulate to continue the case management dates to
April 16, 2014 for last day for counsel to meet and confer, April 30, 2014 as last

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day to file Rule 26(f) Report, and May 7 at 10:00 a.m. for the initial case

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management report.

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Dated: February 6, 2014

___/s/ Peter C. Lagarias___

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Peter C. Lagarias, Esq.
Attorneys for Defendant AZ/CFS West, Inc.

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Dated: February 6, 2014

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___/s/ Conte Cicala________
Conte Cicala, Esq.
Attorneys for Plaintiff Carotrans
International, Inc.

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ORDER ON STIPULATION

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The court having reviewed the stipulation and good cause appearing
therefore, it is hereby,

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ORDERED that defendants shall have until and through April 14 to
respond to the complaint herein, and it is further

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ORDERD that the case management dates are continued as follows: to

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April 16, 2014 for last day for counsel to meet and confer, to April 30, 2014 as last

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STIPULATION TO RESPOND TO COMPLAINT AND CONTINUE CASE MGMT DATES- 3:11 cv 05581-NC

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day to file Rule 26(f) Report, and to May 7 at 10:00 a.m. for the initial case
management report. Parties must file consent or declination to proceed before magistrate judge

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no later than April 30, 2014.
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NO

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thanael
Judge Na

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M. Cousin

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_____________________
TED
Hon. Nathaniel Cousins
GRAN

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Dated: February __, 2014
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IT IS SO ORDERED

UNIT
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STIPULATION TO RESPOND TO COMPLAINT AND CONTINUE CASE MGMT DATES- 3:11 cv 05581-NC