Randy Stevens, et al -v- Zurich American Insurance Company

Filing 39

STIPULATION AND ORDER re 36 MOTION for Summary Judgment or in the Alternative Partial Summary Judgment filed by Zurich American Insurance Company. Any papers in opposition to the Motion shall be served and filed on or before two (2) d ays after Mr. Spohn is released from the hospital and returns to work; and any reply papers in support of the Motion shall be served and filed on or before seven (7) days after Plaintiffs file their Opposition. Signed by Judge Samuel Conti on 6/17/2015. (sclc1, COURT STAFF) (Filed on 6/18/2015)

Case3:14-cv-02043-SC Document38 Filed06/11/15 Page1 of 4

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Vincent M. Spohn, Esq. (SBN 092334)
[e-mail]
Law Offices of Vincent Martin Spohn, A.P.C.
P.O. Box 5748
Napa, California 94581-0748
Telephone:
[phone]
Facsimile:
[phone]
Attorney for Defendants
RANDY STEVENS and ELISSA STEVENS

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RANDY STEVENS, ELISSA STEVENS, dba
FLAMINGO PROPERTIES,

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Case No. 3:14-cv-02043 SC
STIPULATION TO CONTINUE
DEADLINES FOR PLAINTIFFS'
OPPOSITION TO MOTION FOR
SUMMARY JUDGMENT AND
DEFENDANT'S REPLY; [PROPOSED]
ORDER

Plaintiffs,
V.

ZURICH AMERICAN INSURANCE
COMPANY,
Defendant.

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Plaintiffs RANDY STEVENS, ELISSA STEVENS, dba FLAMINGO PROPERTIES, through

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their counsel Vincent M. Spohn, Esq., hereby request as follows:

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1. WHEREAS, the deadline for Plaintiffs RANDY STEVENS, ELISSA STEVENS, dba

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FLAMINGO PROPERTIES to file an Opposition to Defendant's Motion for Summary

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Judgment in this instant action is Thursday, June 11, 2015; and

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2. WHEREAS, the deadline for Defendant ZURICH AMERICAN INSURANCE COMPANY to
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file a Reply to Plaintiffs' Opposition to Defendant's Motion for Summary Judgment in this
instant action is Thursday, June 18, 2015; and

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STIPULATION TO CONTINUE DEADLINES FOR PLAINTIFFS' OPPOSITION TO MOTION FOR SUMMARY JUDGMENT
Case No. 3: 14-cv-02043 SC
AND DEFENDANT'S REPLY; [PROPOSED] ORDER

Case3:14-cv-02043-SC Document38 Filed06/11/15 Page2 of 4

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3. WHEREAS, Plaintiffs' counsel, Vincent M. Spohn, Esq., had a medical emergency occur on

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June 9, 2015 and is unavailable to file an Opposition by the deadline of Thursday, June 11,

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2015; and
4. WHEREAS, Plaintiffs' counsel, Vincent M. Spohn, Esq., has been in the hospital since

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Tuesday, June 9, 2015, and it is not clear when he will be released; and

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5. WHEREAS, due to Mr. Spohn's medical condition, he has been deprived of the ability to

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work on Plaintiffs' Opposition to Defendant's Motion for Summary Judgment; and

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6. WHEREAS, Plaintiffs' counsel request a new Scheduling Order as follows:

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Two (2) days after
Mr. Spohn is released
From the hospital and returns

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Last Day for Plaintiff to File an
Opposition to Motion for Summary
Judgment

to work

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Seven (7) days after Plaintiffs file their
Opposition to Motion for Summary
Judgment
July 31,2015

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Last Day for Defendant to File Reply to
Motion for Summary Judgment
Hearing on Defendant's Motion for
Summary Judgment

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7. WHEREAS, Defendant's counsel has agreed to stipulate to the aforementioned scheduling

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order.

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THEREFORE, Plaintiffs hereby respectfully requests that the Court adopt the aforementioned

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Scheduling Order.

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Dated: June 11, 2015

LAW OFFICES OF VINCENT M. SPOHN, A.P.C.

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By

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Jlct:::. SP~, ~ fn

Attorney for Plaintiffs
RANDY STEVENS and ELISSA STEVENS

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Ill

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Ill
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STIPULATION TO CONTINUE DEADLINES FOR PLAINTIFFS' OPPOSITION TO MOTION FOR SUMMARY niDGMENT

Case3:14-cv-02043-SC Document38 Filed06/11/15 Page3 of 4

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Dated: June 11,2015

MOUND COTTON WOLLAN & GREENGRASS LLP

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By Is/ Jonathan Gross
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JONATHAN GROSS, ESQ.
ELAINE VIDEA, ESQ.
Attorneys for Defendant
ZURICH AMERICAN INSURANCE COMPANY

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CERTIFICATE OF CONCURRENCE
I, Vanessa Beary, for Vincent M Spohn, hereby declare:
Pursuant to Local Rule No. 5-l(i)(3) concurrence in the filing of the document has been

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obtained from Jonathan Gross to show his signature as Is/ on this pleading in lieu of his physical
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signature on the document.
I declare under penalty of petjury under the laws of the State of California that the foregoing is

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true and correct and that this declaration is executed at San Francisco, California on June 11, 2015.
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[PROPOSED) ORDER
The Court, having considered the Plaintiffs' request and Defendant's stipulation to Plaintiffs'

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request to Continue Deadlines for Plaintiffs' Opposition to Motion for Summary Judgment and

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Defendant's Reply, hereby grants Plaintiffs' request and orders the following:

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The Scheduling Order for Plaintiffs to File their Opposition to Defendant's Motion for

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Swnmary Judgment and for Defendant's Reply to Opposition to Motion for Summary Judgment shall

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be as follows:

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Two (2) days after
Mr. Spohn is released
From the hospital and returns
to work

Last Day for Plaintiff to File an
Opposition to Motion for Summary
Judgment

Seven (7) days after Plaintiffs flle their
Opposition to Motion for Summary

Last Day for Defendant to File Reply to
Motion for Summary Judgment

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STIPULATION TO CONTINUE DEADLINES FOR PLAINTIFFS' OPPOSmON TO MOTION FOR SUMMARY JUDGMENT

Case3:14-cv-02043-SC Document38 Filed06/11/15 Page4 of 4

Judgment
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Hearing on Defendant's Motion for
Summary Judgment

July 31, 2015

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IT IS SO ORDERED.

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Dated:

June 17, 2015
HONORABLE SAMUEL CONTI
United States District Court Judge

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STIPULATION TO CONTINUE DEADLINES FOR PLAINTIFFS' OPPOSITION TO MOTION FOR SUMMARY JUDGMENT
Case No. 3: 14-cv-02043 SC
AND DEFENDANT'S REPLY; [PROPOSED] ORDER'