Davis et al v. RiverSource Life Insurance Company et al

Filing 22

ORDER GRANTING re 12 Stipulation to Continue Deadline for Defendants to Respond to Plaintiffs' Complaint filed by RiverSource Life Insurance Company, Ameriprise Financial, Inc., Ameriprise Holdings, Inc., Ameriprise Financial Services, Inc.. Signed by Chief Magistrate Judge Joseph C. Spero on 6/23/16. (klhS, COURT STAFF) (Filed on 7/11/2016)

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JEFFREY M. GRANTHAM (Pro Hac Vice Pending)
THOMAS J. BUTLER (Pro Hac Vice Pending)
MAYNARD, COOPER AND GALE, P.C.
1901 6th Avenue North
2400 Regions/Harbert Plaza
Birmingham, Alabama 35203
Phone: [phone]
Fax: [phone]
E-mail:[e-mail]
[e-mail]
LINDA B. OLIVER (SBN 166720)
[e-mail]
MAYNARD, COOPER & GALE, LLP
600 Montgomery Street, Suite 2600
San Francisco, CA 94111
Telephone: [phone]
Fax: [phone]
E-mail:[e-mail]
Attorneys for Defendants
RIVERSOURCE LIFE INSURANCE COMPANY,
AMERIPRISE FINANCIAL SERVICES, INC.,
AMERIPRISE HOLDINGS, INC.
and AMERIPRISE FINANCIAL, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA
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PAUL M. DAVIS, individually and as
trustee/settlor/grantor of the PAUL M. DAVIS
REVOCABLE TRUST OF 2011, and the PAUL
M. DAVIS REVOCABLE TRUST OF 2011,

)
)
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Plaintiffs,
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vs.
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RIVERSOURCE LIFE INSURANCE
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COMPANY, a Minnesota corporation,
AMERIPRISE FINANCIAL SERVICES, INC., )
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a Delaware corporation, AMERIPRISE
HOLDINGS, INC., a Delaware corporation, and )
AMERIPRISE FINANCIAL, INC., a Delaware )
)
corporation,
)
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Defendants.
)

Case No.: 3:16-cv-02801 JCS
JOINT STIPULATION TO
CONTINUE DEADLINE FOR
DEFENDANTS TO RESPOND TO
PLAINTIFFS’ COMPLAINT
Complaint Filed:

May 24, 2016

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{03664090.1}

JOINT STIPULATION TO CONTINUE DEADLINE FOR
DEFENDANTS TO RESPOND TO PLAINTIFF’S COMPLAINT

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JOINT STIPULATION

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Pursuant to Civil Local Rule 6-1, Plaintiff Paul M. Davis, individually and as

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trustee/settlor/grantor of the Paul M. Davis Revocable Trust of 2011 and Plaintiff the Paul M.

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Davis Revocable Trust of 2011 (“Plaintiffs”) and Defendants RiverSource Life Insurance

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Company (“RiverSource”), Ameriprise Financial Services, Inc., Ameriprise Holdings, Inc. and

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Ameriprise Financial, Inc. (collectively, the “Parties”), make a special and limited appearance to

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hereby jointly stipulate to an extension of time for Defendants to respond to Plaintiffs’

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Complaint. The Parties agree and stipulate that Defendants will respond to Plaintiff’s Complaint

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on or before July 21, 2016. In support of this Stipulation, the Parties agree and stipulate as

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follows:
1.

On May 24, 2016, Plaintiffs initiated the present action against Defendants in the

United States District Court for the Northern District of California. (See ECF Doc. No. 1).
2.

Defendants were served with the Summons and Complaint in this action on May

31, 2016. Defendants’ responsive pleading is therefore due on or before June 21, 2016.
3.

The Parties have agreed to a thirty (30) day extension of time for Defendants to

respond to Plaintiffs’ Complaint from the original date.
4.

This Stipulation is necessary because Defendants’ counsel need additional time to

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review and research the issues raised by Plaintiffs’ Complaint and to frame appropriate

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responsive pleadings or motions. Nothing herein shall be construed as a waiver of any defense

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by any Defendant including, but not limited to, those defenses specifically identified in Rules 8

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and 12 of the Federal Rules of Civil Procedure.

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5.

This Stipulation will not alter the date of any event or deadline already fixed by

Court order.

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{03664090.1}

JOINT STIPULATION TO CONTINUE DEADLINE FOR
DEFENDANTS TO RESPOND TO PLAINTIFF’S COMPLAINT

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We hereby attest that concurrence in the filing of this stipulation was obtained by each of

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the below identified signatories.

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Date: June 21, 2016

MAYNARD, COOPER & GALE, LLP

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By: _/s/ Linda B. Oliver_______________
Linda B. Oliver

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Attorneys for Defendants
RIVERSOURCE LIFE INSURANCE COMPANY,
AMERIPRISE FINANCIAL SERVICES, INC.,
AMERIPRISE HOLDINGS, INC.
and AMERIPRISE FINANCIAL, INC.

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Date: June 21, 2016

EVANS LAW FIRM, INC.

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S

Dated: June 23, 2016

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UNIT
ED

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seph C.

NO

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D

RDERE

OO
IT IS S
Judge Jo

RT
U
O

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Spero

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A

H

LI

RT
ER

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R NIA

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By: _/s/ Michael A. Levy______________
Michael A. Levy
Attorneys for Plaintiffs PAUL M. DAVIS and the
PAUL M. DAVIS REVOCABLE TRUST OF 2011
S DISTRICT
TE
C
TA

FO

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N

F
D IS T IC T O
R

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{03664090.1}

JOINT STIPULATION TO CONTINUE DEADLINE FOR
DEFENDANTS TO RESPOND TO PLAINTIFF’S COMPLAINT

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PROOF OF SERVICE
STATE OF CALIFORNIA
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COUNTY OF SAN FRANCISCO )

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I am employed in the County of San Francisco, State of California. I am over the age of
18 and not a party to the within action. My business address is 600 Montgomery Street, Suite
2600, San Francisco, California 94111.
On the date indicated below, I served the foregoing document described as:

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JOINT STIPULATION TO CONTINUE DEADLINE FOR
DEFENDANTS TO RESPOND TO PLAINTIFF’S COMPLAINT

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[X]

BY CM/ECF ELECTRONIC SERVICE: On the following registered CM/ECF users with
the Court, and have consented to service through the Court’s automatic transmission of
notice of electronic filing

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Michael Aaron Levy, Esq. [e-mail]
Ingrid M. Evans, Esq. [e-mail]
Evans Law Firm, Inc.
3053 Fillmore Street, # 236
San Francisco, CA 94123
[phone]
Fax: [phone]
Andrew S. Friedman, Esq. [e-mail]
Francis Joseph Balint, Jr., Esq. [e-mail]
Bonnett Fairbourn Friedman & Balint, P.C
2325 E. Camelback Road, Suite 300
Phoenix , AZ 85016
[phone]
Fax: [phone]

I declare that I am employed in the office of an attorney who has been admitted to this
Court, at whose direction the service was made. I declare under penalty of perjury under the
laws of the United States of America that the foregoing is true and correct.
Executed June 21, 2016, at San Francisco, California.

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Mila Dunn

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{03664090.1}

JOINT STIPULATION TO CONTINUE DEADLINE FOR
DEFENDANTS TO RESPOND TO PLAINTIFF’S COMPLAINT