Scottsdale Insurance Company v. Mendoza et al

Filing 36

Order by Magistrate Judge Donna M. Ryu granting 35 Stipulation re Filing of Amended Pleadings.(dmrlc1, COURT STAFF) (Filed on 2/13/2012)

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GUY O. KORNBLUM (39974)
WALTER G. CRUMP (203743)
GUY KORNBLUM & ASSOCIATES
1388 Sutter Street, Suite 820
San Francisco, California 94109
Telephone: [phone]
Fax: [phone]
DAVID C. ANDERSON (83146)
LAW OFFICE OF DAVID C. ANDERSON
50 Francisco Street, Suite 450
San Francisco, California 94133
Telephone: [phone]
Fax: [phone]
Attorneys for Defendants
EDUARDO MENDOZA, DENISE MENDOZA,
and DARUKA WANIGATUNGA

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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)
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Plaintiff,
)
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v.
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)
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Eduardo Mendoza, an individual; Denise
Mendoza, an individual; Daruka Wanigatunga, )
)
an individual dba Café Cocomo; Abitsch &
Abitsch, LLC, a corporation; and Does 1 through )
)
20, inclusive,
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Defendants.
)
_______________________________________ )
)
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EDUARDO MENDOZA, an individual;
)
DENISE MENDOZA, an individual; and
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DARUKA WANIGATUNGA, an individual,
)
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Counter-Claimants,
)
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v.
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SCOTTSDALE INSURANCE COMPANY, a )
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corporation,
)
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Counter-Defendants.
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_______________________________________ )
AND RELATED CROSS-CLAIMS &
)
COUNTERCLAIM
Scottsdale Insurance Company,

Case No. CV 11 4398 DMR
STIPULATION AND [PROPOSED] ORDER
RE: THE FILING OF AMENDED
PLEADINGS

Stipulation Re: the Filing of Amended Pleadings - CV11-4398 DMR

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In an effort to address concerns and/or potential disputes arising out of the parties’ respective

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interpretations of Counter-Claimants Eduardo and Denise Mendoza (collectively “Mendoza”) and

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Daruka Wanigatunga’s (“Wanigatunga”) First Amended Counter Claim, and Counter-Claimants Abitsch

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& Abitsch’s Counter-Claim and Cross-Claim, IT IS HEREBY STIPULATED by and between Counter-

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Claimants MENDOZA, WANIGATUNGA, and ABITSCH & ABITSCH (“Counter-Claimants”) and

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Plaintiff SCOTTSDALE INSURANCE COMPANY (“Plaintiff”), by and through their respective

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counsel, as follows.

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1.

Counter-Claimants Mendoza and Wanigatunga may file a Second Amended Counter-

Claim on or before February 21, 2012 without a motion and upon the Court’s Order based on this
Stipulation;

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2.

Counter-Claimants Abitsch & Abitsch may file a First Amended Counter-Claim and

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Cross-Claim on or before February 21, 2012 without a motion and upon the Court’s Order based on this

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Stipulation;

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3.

By agreeing to the filing of the Second Amended Counter-Claim, First Amended

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Counter-Claim and Cross-Claim without the necessity of a Motion for Leave to Amend, Plaintiff is: a)

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not waiving any right to file a responsive pleading in any form, including a Motion to Dismiss or Strike;

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and b) not admitting any fact or contention set forth in the above referenced amended pleadings. The

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deadline for Plaintiff to file a responsive pleading to the proposed amended pleadings set forth in

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numbers 1 and 2, supra, shall be determined by the applicable Federal Rule of Civil Procedure. Should

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Counter-Claimants Mendoza and Wanigatunga fail to file their Second Amended Counter-Claim on or

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before February 21, 2012, then Plaintiff shall have up to and including March 6, 2012 in which to file

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its responses to Mendoza’s and Wanigatunga’s First Amended Counter-Claim currently on file.

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Likewise, should Counter-Claimant Abitsch & Abitsch fail to file its First Amended Counter-Claim and

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Cross-Claim on or before February 21, 2012, then Plaintiff shall have up to and including March 6, 2012

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///

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///

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///

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///

Stipulation Re: the Filing of Amended Pleadings - CV11-4398 DMR

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in which to file its responses to Abitsch & Abitsch’s Counter-Claim currently on file.

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IT IS SO STIPULATED.

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DATED: February 9, 2012

GUY KORNBLUM & ASSOCIATES

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By __s/Walter G. Crump______________
WALTER G. CRUMP
Attorneys for Counter-Claimants
Eduardo Mendoza, Denise Mendoza
and Wanigatunga

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DATED: February 9, 2012

SELMAN BREITMAN LLP

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By __s/ Nick P. Honkamp____________
NICK P. HONKAMP
Attorney for Plaintiff Scottsdale Ins. Co.

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DATED: February 9, 2012

MAYO & MAYO

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By _s/Terrence O. Mayo______________
TERRENCE O. MAYO
Attorney for Counter-Claimant
Abitsch & Abitsch

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ORDER
PURSUANT TO THE PARTIES’ STIPULATION SET FORTH ABOVE AND GOOD CAUSE
BEING SHOWN THEREFORE, IT IS HEREBY ORDERED THAT: 1) Counter-Claimants Mendoza
and Wanigatunga may file a Second Amended Counter-Claim on or before February 21, 2012 without a
motion and upon the Court’s Order based on this Stipulation; 2) Counter-Claimants Abitsch & Abitsch

Stipulation Re: the Filing of Amended Pleadings - CV11-4398 DMR

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may file a First Amended Counter-Claim and Cross-Claim on or before February 21, 2012 without a

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motion and upon the Court’s Order based on this Stipulation. Further, the other terms of the above

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Stipulation are incorporated into this order.

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FO

LI

HON. DONNA M. RYU
UNITED STATES MAGISTRATE JUDGE
ER
C
N
NORTHERN DISTRICT OF CALIFORNIA
OF

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RT

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M. Ryu
Donna
_____________________________________
Judge
NO

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February 13, 2012
Dated: __________________________

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D

RDERE

OO
IT IS S

R NIA

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UNIT
ED

IT IS SO ORDERED.

S DISTRICT
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D IS T IC T
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Stipulation Re: the Filing of Amended Pleadings - CV11-4398 DMR

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