JDS Builders Group, Inc. v. Scottsdale Insurance Company

Filing 18

Order by Hon. Vince Chhabria granting 17 Stipulation of JDS Builders group and Scottsdale to File First Amended Complaint in Lieu of Opposition to Motion to Dismiss.(knm, COURT STAFF) (Filed on 3/18/2015)

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Brandt L. Wolkin, Esq.,
SBN 112220
Dawn A. Silberstein, Esq., SBN 167936
Wolkin · Curran, LLP
555 Montgomery Street, Suite 1100
San Francisco, California 94111
Telephone:
[phone]
Facsimile:
[phone]
E-mail: [e-mail]
E-mail: [e-mail]
Attorneys for plaintiff
JDS BUILDERS GROUP, INC.

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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JDS BUILDERS GROUP, INC., a California
corporation,

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Plaintiff,
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v.
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SCOTTSDALE INSURANCE COMPANY, an
Ohio corporation; and DOES 1-10, inclusive,

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Defendants.

Case No. 3:15-cv-00297 VC
STIPULATION OF JDS
BUILDERS GROUP AND
SCOTTSDALE TO FILE FIRST
AMENDED COMPLAINT IN
LIEU OF OPPOSITION TO
MOTION TO DISMISS
PURSUANT TO FRCP 12(B)(6);
and [PROPOSED] ORDER
THEREON

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IT IS HEREBY STIPULATED AND AGREED BY AND BETWEEN plaintiff

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JDS Builders Group, Inc. ("JDS"), and defendant Scottsdale Insurance Company

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("Scottsdale"), by and through their respective attorneys of record, as follows:

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1.

On March 4, 2015, Scottsdale filed and served its Notice of Motion And

Motion To Dismiss Pursuant To FRCP 12(B)(6) on counsel for JDS.
2.

Under Local Rule 7-3, JDS’ opposition to Scottsdale’s FRCP 12(b)(6)

Motion is currently due March 18, 2015.
3.

The hearing date is currently set for April 16, 2015 at 10:00 a.m. in

Courtroom 4.
1.
STIPULATION TO FILE FIRST AMENDED COMPLAINT;
AND [PROPOSED] ORDER

CASE NO. 3:15-cv-00297 VC

4.
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In accordance with Local Rule 6-2(a), Counsel for JDS and Scottsdale

met and conferred and agreed as follows:

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(1)

In lieu of filing an opposition to Scottsdale's FRCP 12(b)(6)
Motion, JDS will file the attached First Amended Complaint;
and

(2)

The April 16, 2015 hearing date is vacated.

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5.

The parties hereby reserve their respective rights to assert any and all

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permissible claims, counter-claims, affirmative defenses or objections in this action,

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and nothing in this stipulation shall be construed as a waiver of such rights.

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IT IS SO STIPULATED:

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WOLKIN • CURRAN, LLP

Dated: March 17,2015

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By: -------=--~~~~------­
Brandt L. Wolkin
Dawn A. Silberstein

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Attorneys for plaintiffJDS GROUP, INC.
"
ff

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Dated: March 17, 2015

SELMAN BREITMAN, LLP

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Joshua S. Leach, Esq.
Sheryl W. Leichenger, Esq.

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Attorneys for defendant SCOTTSDALE
INSURANCE COMPANY

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2.
STIPULATION TO FILE FIRST AMENDED COMPLAINT;
AND!PROPOSED)ORDER

CASE NO. 3:15-cv-00297 VC

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[PROPOSED] ORDER
APPROVING STIPULATION

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Pursuant to the parties’ Stipulation, IT IS SO ORDERED.

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Dated March 18, 2015
The Honorable Vince Chhabria,
Judge of the United States District Court

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1.
[PROPOSED] ORDER APPROVING STIPULATION TO
FILE FAC

CASE NO. 4:15-cv-00297 VC