HERNANDEZ et al v. QBE Insurance Corporation et al

Filing 19

STIPULATION AND ORDER re 15 re 9 MOTION to Strike 1 Notice of Removal, Complaint attached in Notice of Removal, 8 MOTION to Dismiss. Responses due by 6/12/2017. Replies due by 6/16/2017. Motion Hearing set for 7/13/2017 01:30 PM in Courtroom 4, 5th Floor, San Jose before Edward M. Chen. Signed by Judge Edward M. Chen on 6/9/17. (bpfS, COURT STAFF) (Filed on 6/9/2017)

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Ethan A. Glaubiger, California State Bar #157485
LAW OFFICES OF ETHAN A. GLAUBIGER
740 Fourth Street, 2nd Floor
Santa Rosa, California 95404
[phone]
Attorney for Plaintiffs
LEAH ANN HERNANDEZ
and JOSE RAMON HERNANDEZ

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA
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OF ETHAN A. GLAUBIGER

LAW OFFICES

740 Fourth Street, 2nd Floor, Santa Rosa, CA 95404
Tel: [phone] Fax: [phone]

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LEAH ANN HERNANDEZ and JOSE
RAMON HERNANDEZ,
Plaintiffs,
vs.

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QBE INSURANCE CORPORATION, QBE
AMERICAS, INC., and DOES 1 through
100, inclusive,

Case No: 3:17-cv-02577
STIPULATION AND [PROPOSED]
ORDER TO ALLOW LATE FILING OF
OPPOSITION TO DEFENDANTS’
MOTION TO DISMISS AND MOTION TO
STRIKE AND TO CONTINUE THE JUNE
20, 2017 HEARINGS ON THE MOTIONS

Defendants.

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Come now, Plaintiffs LEAH ANN HERNANDEZ and JOSE RAMON

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HERNANDEZ (“Plaintiffs”) and defendants QBE PRAETORIAN INSURANCE

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CORPORATION AND QBE AMERICAS, INC. ( “QBE”) and stipulate as follows.

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QBE filed a motion to dismiss and a motion to strike on May 11, 2017 and set both
motions for hearing on June 20, 2107;

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Plaintiffs’ oppositions to both motions were due on May 25, 2017;

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As of today, Plaintiffs have not filed any oppositions;

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On May 31, 2017, Plaintiffs’ counsel called QBE’s counsel and advised that he had

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inadvertently failed to properly calendar the deadline to file oppositions because his

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assistant had been unexpectedly out of the office;
Stipulation and [Proposed] Order to1Allow Late Filing of Opposition to
Defendant’s Motion to Dismiss and Motion to Strike and to Continue the June 20, 2017
Hearings on the Motions

4824-7505-4410.1

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During the May 31, 2017 conversation, QBE’s counsel asked Plaintiffs’ counsel to

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provide a proposed stipulation supporting Plaintiffs’ request for leave to late file

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oppositions; and

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On June 2, 2017, Plaintiffs’ counsel provided a proposed stipulation and proposed
order to defense counsel.
Now therefore, subject to this Court’s approval, Plaintiffs and QBE ask this Court to

OF ETHAN A. GLAUBIGER

to June 12, 2017 and continue the deadline for QBE to file reply briefs to June 19, 2017. To

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LAW OFFICES

continue the deadline for Plaintiffs to file oppositions to both motions from May 25, 2017

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740 Fourth Street, 2nd Floor, Santa Rosa, CA 95404
Tel: [phone] Fax: [phone]

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accommodate Plaintiffs’ counsel’s vacation, Plaintiffs and QBE also ask this Court to

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continue the hearing on both motions to July 11, 2017. SO STIPULATED
DATED: June 5, 2017
LAW OFFICES OF ETHAN A. GLAUBIGER

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By: /s/ Ethan A. Glaubiger
Ethan A. Glaubiger
Attorneys for Plaintiffs LEAH ANN
HERNANDEZ AND RAMON HERNANDEZ

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DATED: June 5, 2017

LEWIS BRISBOIS BISGAARD & SMITH

LLP

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By: /s/ Jerry Garcia
Rebecca R. Weinreich
Jerry Garcia
Attorneys for Defendants QBE INSURANCE
CORPORATION, QBE AMERICAS, INC.

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Stipulation and [Proposed] Order to2Allow Late Filing of Opposition to
Defendant’s Motion to Dismiss and Motion to Strike and to Continue the June 20, 2017
Hearings on the Motions

4824-7505-4410.1

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[PROPOSED] ORDER
In accordance with the above stipulation, and for good cause shown, it is hereby

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ordered that plaintiffs shall have leave to file oppositions to defendants’ Motion to Dismiss

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and Motion to Strike. Opposition to both motions shall be filed not later than June 12, 2017

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and any replies shall be filed not later than June 16, 2017.

UNIT
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Judge E

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OF ETHAN A. GLAUBIGER

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740 Fourth Street, 2nd Floor, Santa Rosa, CA 95404
Tel: [phone] Fax: [phone]

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Hon. Nandor J.DVadas
OR ER
IT IS S
MagistrateOJudgeEof the United States
IFI D
MOD
DistrictAS
Court, Northern District of
California dward M. Chen

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LAW OFFICES

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1:30 p.m.
The hearing on both motions shall be continued to July 11 , 2017 at 10:00 a.m.

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Stipulation and [Proposed] Order to3Allow Late Filing of Opposition to
Defendant’s Motion to Dismiss and Motion to Strike and to Continue the June 20, 2017
Hearings on the Motions

4824-7505-4410.1