Continental Casualty Company v. Recology Inc.
Filing
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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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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
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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
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D IS T IC T O
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11 Attorneys for Plaintiff
CONTINENTAL CASUALTY COMPANY
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION
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16 CONTINENTAL CASUALTY COMPANY,
an Illinois corporation,
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Plaintiff,
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v.
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RECOLOGY INC., f/k/a NORCAL WASTE
20 SYSTEMS, INC., a California corporation,
Case No. 3:15-cv-03969-SI
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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.
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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
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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
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3 against Defendant Recology, Inc., f/k/a Norcal Waste Systems, Inc. (“Defendant”), on August 31,
4 2015;
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WHEREAS, Defendant was served with the Summons and Complaint in the above-
6 captioned action on September 2, 2015;
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WHEREAS, the Parties have previously agreed to extensions of time for Defendant to
8 respond to the Complaint through and including October 23, 2015;
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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;
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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;
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WHEREAS, the Parties have agreed that Plaintiff will seek leave of Court to file a First
19 Amended Complaint pursuant to stipulation;
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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;
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WHEREAS, the Parties wish to continue efforts for an early disposition of this matter;
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WHEREAS, the Parties have been diligent in agreeing to a further extension of
25 Defendant’s time to respond to the Complaint;
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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.
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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.
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Dated: October 21, 2015
CARROLL, BURDICK & McDONOUGH LLP
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8
By
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11 Dated: October 21, 2015
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/s/ Geoffrey David Godwin
G. David Godwin
Attorneys for Plaintiff
CONTINENTAL CASUALTY COMPANY
ROXBOROUGH, POMERANCE, NYE
& ADREANI, LLP
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By
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/s/Charles R. Rondeau
Charles R. Rondeau
Attorneys for Defendant
RECOLOGY, INC., f/k/a NORCAL WASTE
SYSTEMS, INC.
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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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