Abante Rooter and Plumbing Inc v. Nationwide Mutual Insurance Company

Filing 29

STIPULATION AND ORDER re 28 AMENDED STIPULATION AND ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE AND EXTEND NATIONWIDE'S DEADLINE TO RESPOND TO COMPLAINT filed by Nationwide Mutual Insurance Company. Signed by Judge Edward M. Chen on 9/20/17. (bpfS, COURT STAFF) (Filed on 9/20/2017)

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TODD M. FRIEDMAN (State Bar No. 216752)
ADRIAN R. BACON (State Bar No. 280332)
MEGHAN E. GEORGE (State Bar No. 274525)
LAW OFFICES OF TODD M. FRIEDMAN, P.C.
21550 Oxnard Street, Suite 780
Woodland Hills, CA 91367
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiff
ABANTE ROOTER AND PLUMBING INC

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DENTONS US LLP
ONE MARKET STREET , SPEAR TOWER, 24TH FLOOR
SAN FRANCISCO , CALIFORNIA 94105
[phone]

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SONIA MARTIN (Bar No. 191148)
DENTONS US LLP
One Market Plaza, Spear Tower, 24th Floor
San Francisco, California 94105
Telephone:
[phone]
Facsimile:
[phone]
Email: [e-mail]
Attorneys for Defendant
NATIONWIDE MUTUAL INSURANCE
COMPANY

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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ABANTE ROOTER AND PLUMBING INC,
individually and on behalf of all others
similarly situated;

Case No.: 3:17-CV-03328-EMC
AMENDED STIPULATION AND
[PROPOSED] ORDER TO CONTINUE
CASE MANAGEMENT CONFERENCE
AND EXTEND NATIONWIDE'S
DEADLINE TO RESPOND TO
COMPLAINT

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Plaintiff,
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vs.
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NATIONWIDE MUTUAL INSURANCE
COMPANY; and DOES 1 through 10,
inclusive.

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Defendant.
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Pursuant to Civil Local Rule 6-2 of the United States District Court for the Northern

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District of California, Plaintiff Abante Rooter and Plumbing Inc. and Defendant Nationwide

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-1CASE NO. 3:17-CV-03328-EMC

AMENDED STIPULATION TO CONTINUE
CASE MANAGEMENT CONFERENCE

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Mutual Insurance Company, by and through their respective counsel, hereby stipulate and

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agree as follows and respectfully request that the Court approve and give effect to their

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stipulation:

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WHEREAS, by Order dated August 16, 2017 and additional notice entered August 30,

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2017, the Court has scheduled the initial case management conference for Thursday,

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September 28, 2017 at 9:30 a.m.;

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WHEREAS, Plaintiff filed its First Amended Complaint on August 28, 2017;

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WHEREAS, by stipulation and Order, Defendant has until and including September

DENTONS US LLP
ONE MARKET STREET , SPEAR TOWER, 24TH FLOOR
SAN FRANCISCO , CALIFORNIA 94105
[phone]

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25, 2017 to answer, move, or otherwise respond to Plaintiff’s First Amended Complaint;
WHEREAS, Defendant intends to seek a stay of this case pending the D.C. Circuit
Court’s ruling in ACA International v. Federal Communications Commission, No. 15-1211;
WHEREAS, the parties are conferring to determine whether an agreement can be
reached on Defendant's anticipated motion to stay;
WHEREAS, if the parties are able to reach an agreement on a stay, it would likely

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obviate the need for the parties and the Court to devote resources to a briefing and hearing a

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motion to stay, holding a case management conference and setting a case management

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schedule;

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WHEREAS, a two-week continuance of the current case management conference, and

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corresponding deadlines, will not affect any other date set by the Court and will not result in

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prejudice to either party;

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WHEREAS, a two-week extension of Nationwide's deadline to respond to the

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complaint will not affect any other date set by the Court and will not result in prejudice to

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either party;

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IT IS HEREBY STIPULATED AND AGREED that the initial case management

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conference currently set for September 28, 2017 should be continued to October 12, 2017 at

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1:30 p.m., or the next mutually agreeable date that is available on the Court's calendar, and that

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all corresponding deadlines should be adjusted accordingly.

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-2Case No. 3:17-CV-03328

STIPULATION TO CONTINUE
CASE MANAGEMENT CONFERENCE

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IT IS FURTHER STIPULATED AND AGREED Nationwide shall have an extension

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of time to and through October 9, 2017, in which to answer, move or otherwise plead in

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response to Plaintiff’s Amended Complaint.

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IT IS SO STIPULATED.

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Respectfully submitted,
Dated: September 19, 2017

LAW OFFICES OF TODD M. FRIEDMAN, P.C.

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DENTONS US LLP
ONE MARKET STREET , SPEAR TOWER, 24TH FLOOR
SAN FRANCISCO , CALIFORNIA 94105
[phone]

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By: /s/ Adrian Bacon________________________
TODD M. FRIEDMAN (State Bar No. 216752)
ADRIAN R. BACON (State Bar No. 280332)
MEGHAN E. GEORGE (State Bar No. 274525)
LAW OFFICES OF TODD M. FRIEDMAN, P.C.
21550 Oxnard Street, Suite 780
Woodland Hills, CA 91367
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
[e-mail]

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Attorneys for Plaintiff
ABANTE ROOTER AND PLUMBING INC

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Dated: September 19, 2017

DENTONS US LLP

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By: /s/ Sonia Martin _________________________
SONIA MARTIN (State Bar No. 191148)
DENTONS US LLP
One Market Plaza, Spear Tower, 24th Floor
San Francisco, California 94105
Telephone:[phone]
Facsimile: [phone]
Email: [e-mail]

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Attorneys for Defendant
NATIONWIDE MUTUAL INSURANCE
COMPANY

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-3Case No. 3:17-CV-03328

STIPULATION TO CONTINUE
CASE MANAGEMENT CONFERENCE

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FILER’S ATTESTATION:
Pursuant to Local Rule 5-1(i)(3) regarding signatures, I attest under penalty of perjury
that the concurrence in the filing of this document has been obtained from its signatories.

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Dated: September 19, 2017

By: _/s/ Sonia Martin
SONIA MARTIN

__________

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DENTONS US LLP
ONE MARKET STREET , SPEAR TOWER, 24TH FLOOR
SAN FRANCISCO , CALIFORNIA 94105
[phone]

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-4Case No. 3:17-CV-03328

STIPULATION TO CONTINUE
CASE MANAGEMENT CONFERENCE

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AMENDED [PROPOSED] ORDER

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Pursuant to the parties’ stipulation, and good cause appearing therefore, IT IS

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HEREBY ORDERED as follows:
The initial case management conference currently set for September 28, 2017 at 9:30

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a.m. is continued to October 12, 2017 at 9:30 a.m. The parties’ joint case management

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conference statement must be filed on or before October 5, 2017, one week in advance of the

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conference date.

IT IS SO ORDERED.

UNIT
ED

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Dated: September ________, 2017

S DISTRICT
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C
TA

RT
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O

_
__________________
ED
HONORABLE EDWARDRDER
SO O M. CHEN
IT IS
UNITED STATES DISTRICT JUDGE

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RT

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. Chen

ward M
udge Ed

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R NIA

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FO

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Complaint in the above-captioned action

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2017, in which to answer, move or otherwise plead in response to Plaintiff’s Amended

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DENTONS US LLP
ONE MARKET STREET , SPEAR TOWER, 24TH FLOOR
SAN FRANCISCO , CALIFORNIA 94105
[phone]

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In addition, the Court hereby extends Nationwide’s deadline, to and through October 9,

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N

D IS T IC T
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OF

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-5Case No. 3:17-CV-03328

STIPULATION TO CONTINUE
CASE MANAGEMENT CONFERENCE