Water Sports Kauai, Inc. v. Fireman's Fund Insurance Company et al

Filing 42

ORDER granting 41 STIPULATION re 39 MOTION to Dismiss. Reply due by 10/23/2020. Signed by Judge William H. Orrick on 10/14/2020. (jmdS, COURT STAFF) (Filed on 10/14/2020)

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Case 3:20-cv-03750-WHO Document 42 Filed 10/14/20 Page 1 of 5 1 2 3 4 5 JOHN P. PHILLIPS (Bar No. CA-154412) john.phillips@us.dlapiper.com GREGORY G. SPERLA (Bar No. CA-278062) greg.Sperla@us.dlapiper.com DLA PIPER LLP (US) 555 Mission Street Suite 2400 San Francisco, California 94105-2933 Tel: 415.836.2500 Fax: 415.836.2501 6 7 8 9 ROB HOFFMAN (admitted pro hac vice) rob.hoffman@us.dlapiper.com DLA PIPER LLP (US) 1900 N. Pearl St., Suite 2200 Dallas, Texas 75201-2482 Tel: 214.743.4530 Fax: 972.813.6271 10 11 12 Attorneys for Defendants FIREMAN’S FUND INSURANCE COMPANY, NATIONAL SURETY CORPORATION, and ALLIANZ GLOBAL RISKS INSURANCE CO. 13 UNITED STATES DISTRICT COURT 14 NORTHERN DISTRICT OF CALIFORNIA 15 SAN FRANCISCO 16 17 Water Sports Kauai, Inc., a Hawaii corporation, dba Sand People, on behalf itself and all others similarly situated, Plaintiff, CASE NO. 3:20-CV-03750 18 v. 19 20 21 22 Fireman’s Fund Insurance Company, a California corporation, National Surety Corporation, an Illinois Corporation, and Allianz Global Risks US Insurance Co., an Illinois Corporation, Defendants. STIPULATION AND ORDER EXTENDING TIME FOR DEFENDANTS TO FILE REPLY IN SUPPORT OF MOTION TO DISMISS PLAINTIFF’S FIRST AMENDED COMPLAINT Complaint Filed: June 5, 2020 FAC Filed: September 11, 2020 23 24 25 26 27 28 -1STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO FILE REPLY ISO MOTION TO DISMISS FAC -- CASE NO. 3:20-CV-03750-WHO Case 3:20-cv-03750-WHO Document 42 Filed 10/14/20 Page 2 of 5 Pursuant to N.D. Cal. Civ. L.R. 6-2, Plaintiff Water Sports Kauai, Inc. (“Plaintiff”) and 1 2 Defendants Fireman’s Fund Insurance Company, National Surety Corporation and Allianz Global 3 Risks Insurance Company (“Defendants”) stipulate and agree to extend the time for Defendants to 4 file their Reply in support of their Motion to Dismiss (“Motion”) Plaintiff’s First Amended 5 Complaint. 6 WHEREAS, Plaintiff filed its Complaint against Defendants in the United States District 7 Court, Northern District of California San Francisco Division, Case No. 3:20-CV-03750, on June 8 5, 2020; WHEREAS, Plaintiff filed its First Amended Complaint (“FAC”) against Defendants on 9 10 September 11, 2020; 11 WHEREAS, Defendants filed their Motion to Dismiss FAC on September 25, 2020; 12 WHEREAS, Plaintiff filed their Opposition to the Motion to Dismiss FAC on October 9, 13 14 15 2020; WHEREAS, Defendants’ Reply in further support of their Motion to Dismiss FAC is currently due on October 16, 2020; 16 NOW, THEREFORE, the parties hereby stipulate and agree that Defendants’ deadline to 17 file their Reply in support of their Motion to Dismiss Plaintiff’s First Amended Complaint shall be 18 extended five business days to October 23, 2020. 19 20 21 IT IS SO STIPULATED. Dated: October 13, 2020 DLA PIPER LLP (US) 22 23 24 25 26 27 By: /s/ Greg Sperla John P. Phillips Rob Hoffman (admitted pro hac vice) Gregory G. Sperla Attorneys for Defendants FIREMAN’S FUND INSURANCE COMPANY, NATIONAL SURETY CORPORATION, and ALLIANZ GLOBAL RISKS INSURANCE CO. 28 -2STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO FILE REPLY ISO MOTION TO DISMISS FAC -- CASE NO. 3:20-CV-03750-WHO Case 3:20-cv-03750-WHO Document 42 Filed 10/14/20 Page 3 of 5 1 2 Dated: October 13, 2020 LIEFF CABRASER HEIMANN & BERNSTEIN, LLP 3 4 5 6 7 8 By: /s/ Jacob Polin Robert J. Nelson Robert J. Nelson Fabrice N. Vincent Jacob H. Polin LIEFF CABRASER HEIMANN & BERNSTEIN, LLP 9 10 11 12 Judith Ann Pavey (to be admitted pro hac vice) STARN O’TOOLE MARCUS & FISHER Alexandra L. Foote LAW OFFICE OF ALEXANDRA L. FOOTE, P.C. 13 14 Attorneys for Plaintiff Water Sports Kauai, Inc. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO FILE REPLY ISO MOTION TO DISMISS FAC -- CASE NO. 3:20-CV-03750-WHO Case 3:20-cv-03750-WHO Document 42 Filed 10/14/20 Page 4 of 5 1 [PROPOSED] ORDER 2 Pursuant to the Parties’ stipulation, the Court hereby orders as follows: 3 1. 4 5 Defendants’ deadline to file their Reply in support of their Motion to Dismiss Plaintiff’s First Amended Complaint is extended to October 23, 2020. 2. The hearing on Defendants’ Motion to Dismiss the Amended Complaint currently 6 set for November 4, 2020 remains on calendar [is hereby rescheduled to November ____, 2020.] 7 IT IS SO ORDERED. 8 9 Dated: October 14, 2020 _____________________________ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO FILE REPLY ISO MOTION TO DISMISS FAC -- CASE NO. 3:20-CV-03750-WHO Case 3:20-cv-03750-WHO Document 42 Filed 10/14/20 Page 5 of 5 1 2 ATTESTATION Pursuant to Civil Local Rule 5-1(i)(3), I, Greg Sperla, attest under penalty of perjury that 3 concurrence in the filing of this document has been obtained from all signatories. 4 Dated: October 13, 2020 5 6 /s/ Greg Sperla Greg Sperla DLA Piper LLP (US) 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -5STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO FILE REPLY ISO MOTION TO DISMISS FAC -- CASE NO. 3:20-CV-03750-WHO

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