Lenscrafters, Inc. et al v. Liberty Mutual Fire Insurance Company et al

Filing 151

STIPULATION AND ORDER. Signed by Judge ARMSTRONG on 10/7/08. (lrc, COURT STAFF) (Filed on 10/8/2008)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Terrence R. McInnis (#155416) ([e-mail]) Monique M. Fuentes (#205501) ([e-mail]) Siavash Daniel Rashtian (#228644) ([e-mail]) ROSS, DIXON & BELL, LLP 5 Park Plaza, Suite 1200 Irvine, California 92614-8529 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant Executive Risk Specialty Insurance Company UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

LENSCRAFTERS, INC., and EYEXAM OF CALIFORNIA, INC., Plaintiffs, v. LIBERTY MUTUAL FIRE INSURANCE COMPANY; EXECUTIVE RISK SPECIALTY INSURANCE COMPANY; UNITED STATES FIRE INSURANCE COMPANY; MARKEL AMERICAN INSURANCE COMPANY and WESTCHESTER FIRE INSURANCE COMPANY, Defendants. AND RELATED CROSS ACTIONS

No. C07-02853 SBA [Related Case No. C 04-01001 SBA] STIPULATION AND [ORDER EXTENDING TIME FOR EXECUTIVE RISK SPECIALTY INSURANCE COMPANY TO RESPOND TO UNITED STATES FIRE INSURANCE COMPANY'S COUNTERCLAIM

WHEREAS, on July 31, 2008, Defendant and Counter-Claimant United States Fire Insurance Company ("U.S. Fire") filed its Answer and Counterclaim in response to the CrossClaim of Defendant and Cross-Claimant Executive Risk Specialty Insurance Company ("ERSIC"). WHEREAS, pursuant to Fed. R. Civ. P. 12(a)(1)(B), ERSIC's response to U.S. Fire's Counterclaim was initially due August 20, 2008;
ERSIC's Stipulation and [Proposed] Order (No. C 07 2853 SBA)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

WHEREAS, ERSIC was granted an extension of time to and including September 19, 2008 in which to respond to the Counterclaim; WHEREAS, ERSIC and U.S. Fire have reached an agreement in principle that will result in the dismissal without prejudice of U.S. Fire's Counterclaim against ERSIC and ERSIC's Cross-Claim against U.S. Fire; WHEREAS, U.S. Fire has agreed to grant an additional extension of time for ERSIC to answer or otherwise respond to the Counterclaim while the aforementioned agreement is documented and the stipulation of dismissal is prepared; NOW THEREFORE, ERSIC and U.S. Fire hereby STIPULATE to and REQUEST that the Court grant an extension of time, to and including October 17, 2008, for ERSIC to answer or otherwise respond to U.S. Fire's Counterclaim. Date: September 19, 2008 Respectfully submitted, ROSS, DIXON & BELL, LLP /s/ Terrence R. McInnis Terrence R. McInnis Attorneys for Defendant Executive Risk Specialty Insurance Company SQUIRE, SANDERS & DEMPSEY L.L.P. ___/s/ David A. Gabianelli _____ David A. Gabianelli Attorneys for Defendant United States Fire Insurance Company IT IS SO ORDERED:

Date: October 7, 2008 Hon. Saundra Brown Armstrong United States District Court Judge

2

ERSIC's Stipulation and [Proposed] Order (No. C 07 2853 SBA)