Wayne Merritt Motor Co, Inc et al v. American International Goup, Inc et al

Filing 15

ORDER re 14 Adopting Joint Stipulation. Signed by Judge Koh on 5/4/2011. (lhklc3, COURT STAFF) (Filed on 5/4/2011)

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JOHN A. SHEPARDSON, SBN 129081
59 N. Santa Cruz Ave., Ste. Q
Los Gatos, CA 95030
T [phone]
F [phone]
E [e-mail]
Attorney for PLAINTIFF S
WAYNE MERRITT MOTOR CO., INC. DBA
RV’S OF MERRITT, & WAYNE & PEGGY MERRITT

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IN THE UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CASE NO.: 11-CV-01762 LHK

WAYNE MERRITT MOTOR CO., INC. )
dba RV’S OF MERRITT, WAYNE
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MERRITT, PEGGY MERRITT,
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Plaintiffs,
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vs.
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NEW HAMPSHIRE INSURANCE
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COMPANY, and Does 2-100,
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Defendants.
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________________________________/

STIPULATION AND ORDER FOR
PLAINTIFFS TO HAVE LEAVE TO
FILE THEIR PROPOSED SECOND
AMENDED COMPLAINT

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Attached hereto, and marked as Exhibit 1 is Plaintiffs’ proposed second amended

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complaint. Plaintiffs and defendant, New Hampshire Insurance Company ("NHIC"), do

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hereby stipulate that Plaintiffs have leave to file the Second Amended Complaint.

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By so stipulating above, NHIC does not concede the merit of any causes of action
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contained in the Second Amended Complaint and reserves its right to challenge any and

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all such causes of action. The parties further stipulate that NHIC shall have thirty (30)

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days from the date this Court grants the instant Stipulation and Order within which to file

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1
Stipulation & Order
Merritt v. NHIC, 111762

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its response to Plaintiffs' Second Amended Complaint.

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SO STIPULATED.
DATED: 5/4/11

/s/ John A. Shepardson
JOHN A. SHEPARDSON, ESQ.
FOR PLAINTIFFS

DATED: 5/4/11

/s/ David T. DiBiase
DAVID T. DIBIASE, ESQ. FOR
DEFENDANT NEW HAMPSHIRE
INSURANCE COMPANY

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Based on said Stipulation, the Court grants Plaintiffs leave to file their proposed

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Second Amended Complaint. Defendant New Hampshire Insurance Company's

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response to the Second Amended Complaint shall be filed no later than thirty (30) days

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from the below date that this Order is approved. Plaintiffs shall file the Second Amended

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Complaint as a separate docket entry by Monday, May 9, 2011.

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IT IS SO ORDERED.

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Dated:__May 4, 2011________
____________________________
HON. LUCY H. KOH

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Stipulation & Order

Merritt v. NHIC, 111762