Continental Casualty Company v. Recology Inc.

Filing 22

ORDER TO FURTHER EXTEND TIME TO RESPOND TO INITIAL COMPLAINT (L.R. 6-1)/ALLOW FOR SUBMISSION OF STIPULATION FOR AMENDMENT OF COMPLAINT. Signed by Judge Susan Illston on 10/29/15. (tfS, COURT STAFF) (Filed on 10/29/2015)

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R NIA S ston usan Ill Judge S A H LI RT ER FO UNIT ED D RDERE OO IT IS S RT U O S DISTRICT TE C TA NO 1 G. David Godwin, Bar No. 148272 dgodwin@cbmlaw.com 2 Megan C. Hamilton, Bar No. 271174 mhamilton@cbmlaw.com 3 CARROLL, BURDICK & McDONOUGH LLP Attorneys at Law 4 44 Montgomery Street, Suite 400 San Francisco, California 94104 5 Telephone: 415.989.5900 Facsimile: 415.989.0932 6 Edward J. Tafe, Bar No. 175888 7 edward.tafe@cna.com ELENIUS FROST & WALSH 8 Attorneys at Law 555 Mission Street, Suite 330 9 San Francisco, California 94105 Telephone: 415.932.7575 10 Facsimile: 415.932.7001 N F D IS T IC T O R C 11 Attorneys for Plaintiff CONTINENTAL CASUALTY COMPANY 12 13 UNITED STATES DISTRICT COURT 14 NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION 15 16 CONTINENTAL CASUALTY COMPANY, an Illinois corporation, 17 Plaintiff, 18 v. 19 RECOLOGY INC., f/k/a NORCAL WASTE 20 SYSTEMS, INC., a California corporation, Case No. 3:15-cv-03969-SI 21 Complaint Filed: August 31, 2015 Complaint Served: September 2, 2015 Current Resp. Date: October 23, 2015 New Resp. Date: November 13, 2015 Trial Date: None Set Defendant. 22 23 STIPULATION TO FURTHER EXTEND TIME TO RESPOND TO INITIAL COMPLAINT (L. R. 6-1) / ALLOW FOR SUBMISSION OF STIPULATION FOR AMENDMENT OF COMPLAINT THE HON. SUSAN ILLSTON 24 25 26 27 28 CARROLL, BURDICK & MCDONOUGH LLP ATTORNEYS AT LAW SAN FRANCISCO CBM-IPG\SF667573-1 Case No. 3:15-cv-03969-SI STIPULATION TO FURTHER E XTEND TIME TO RESPOND TO INITIAL COMPLAINT 1 TO THE COURT, ALL APPEARING PARTIES, AND ALL ATTORNEYS OF RECORD: WHEREAS, Plaintiff Continental Casualty Company “Plaintiff” filed the Complaint 2 3 against Defendant Recology, Inc., f/k/a Norcal Waste Systems, Inc. (“Defendant”), on August 31, 4 2015; 5 WHEREAS, Defendant was served with the Summons and Complaint in the above- 6 captioned action on September 2, 2015; 7 WHEREAS, the Parties have previously agreed to extensions of time for Defendant to 8 respond to the Complaint through and including October 23, 2015; 9 WHEREAS, the Parties have also agreed to an informal exchange of information and 10 documents to allow Defendant to accurately and completely respond to the Complaint, and the 11 Parties to continue working toward defining the scope of the exchange and gathering responsive 12 material; 13 WHEREAS, pursuant to Guideline for Professional Conduct 10, on October 16, 2015, the 14 Parties met and conferred regarding Defendant’s challenges to the allegations in the Complaint 15 and Defendant requested, among other things, that Plaintiff amend the complaint to clarify and 16 separate some of the allegations relating to the worker’s compensation claim of Miguel Alvarez 17 and the worker’s compensation claim of Abelardo Casas; 18 WHEREAS, the Parties have agreed that Plaintiff will seek leave of Court to file a First 19 Amended Complaint pursuant to stipulation; 20 WHEREAS, the Parties have further agreed that Defendant shall give Plaintiff sufficient 21 time to amend the Complaint and the Parties contemplate submitting a stipulation and proposed 22 order to the Court to file the First Amended Complaint in the immediate future; 23 WHEREAS, the Parties wish to continue efforts for an early disposition of this matter; 24 WHEREAS, the Parties have been diligent in agreeing to a further extension of 25 Defendant’s time to respond to the Complaint; 26 WHEREAS, the Parties have agreed to allow Defendant until November 13, 2015 to 27 respond to the Complaint and that prior to this date the Parties will submit a stipulation and 28 proposed order to file the First Amended Complaint; and CARROLL, BURDICK & MCDONOUGH LLP ATTORNEYS AT LAW SAN FRANCISCO CBM-IPG\SF667573-1 Case No. 3:15-cv-03969-SI STIPULATION TO FURTHER E XTEND TIME TO RESPOND TO INITIAL COMPLAINT 1 WHEREAS, counsel for the Parties are duly authorized by their clients to enter into the 2 immediate Stipulation. 3 NOW, THEREFORE, IT IS HEREBY STIPULATED that Defendant Recology, Inc., f/k/a 4 Norcal Waste Systems, Inc., shall have a further extension of time to respond to the Complaint 5 through and including November 13, 2015. 6 Dated: October 21, 2015 CARROLL, BURDICK & McDONOUGH LLP 7 8 By 9 10 11 Dated: October 21, 2015 12 /s/ Geoffrey David Godwin G. David Godwin Attorneys for Plaintiff CONTINENTAL CASUALTY COMPANY ROXBOROUGH, POMERANCE, NYE & ADREANI, LLP 13 14 By 15 16 /s/Charles R. Rondeau Charles R. Rondeau Attorneys for Defendant RECOLOGY, INC., f/k/a NORCAL WASTE SYSTEMS, INC. 17 18 19 20 21 22 23 24 25 26 27 28 CARROLL, BURDICK & MCDONOUGH LLP ATTORNEYS AT LAW SAN FRANCISCO CBM-IPG\SF667573-1 Case No. 3:15-cv-03969-SI -2STIPULATION TO FURTHER E XTEND TIME TO RESPOND TO INITIAL COMPLAINT

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