Snyder et al v. Acord Corporation et al

Filing 379

ORDER granting # 377 Agreed Motion to Adopt Third Amended Complaint by Judge John L. Kane on 11/25/14.(jhawk, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO CIVIL ACTION NO.: 1:14-cv-01736-JLK DALE SNYDER, et al., individually, and on behalf of all others similarly situated, Plaintiffs, v. ACORD CORPORATION, a Delaware non-profit corporation, et al. Defendants. ORDER GRANTING AGREED MOTION TO ADOPT THIRD AMENDED COMPLAINT Kane, J. BEFORE THE COURT is an Agreed Motion to Adopt Third Amended Complaint, filed by the Plaintiffs (Doc. 377). No objections have been filed. The Court has reviewed the Motion, including the statements and suggestions contained therein, the file, the record, the representations of the parties, and the underlying agreement. Having done so, the Court finds that an entry of such a schedule is warranted. Accordingly, IT IS HEREBY ORDERED: 1. That the Agreed Motion to Adopt Third Amended Complaint, ECF Docket No.: 377, is hereby GRANTED. 2. The agreement to adopt a third amended complaint, appended hereto, is ENTERED. 1 AGREEMENT TO ADOPT THIRD AMENDED COMPLAINT 1. After conferring on the issues identified in the Notice of Errata and in the Motion to Adopt Third Amended Complaint, and having resolved the adoption of an efficient and practical resolution to those issues, the Parties have reached this proposed Agreement to adopt EXHIBIT 1 to the Motion to Adopt Third Amended Complaint (ECF Doc. No. 377), as identical to EXHIBIT 56 of the Notice of Errata (ECF Doc. No. 376), so that such may be the Third Amended Complaint, replacing the Second Amended Class Action Complaint and Jury Demand (ECF Doc. No. 339). 2. This Agreement constitutes part of a greater resolution by the Parties to facilitate the practical management of the case by amending the briefing schedule, in light of the Third Amended Complaint, so as to allow Defendants reasonable time to respond and incorporate the corrections of the Notice of Errata (ECF Doc. No. 376). DATED this 25th day of November , 2014. BY THE COURT: s/John L. Kane _____ SENIOR U.S. DISTRICT JUDGE AGREED AND WITNESSED this November 24, 2014 by the Plaintiffs, through undersigned counsel, and by the Defendants served in this action, as represented by the undersigned liaison counsel on the representation of granted authority. 2 s/ Eddie Gene Dougherty Eddie Gene Dougherty Dougherty & HOLLO WAY, LLC 7200 N.W. 86th Street - Suite D Kansas City, Missouri 64153 Telephone: (816) 891-9990 FAX: (816) 891-9905 E-mail: edoughei1y@dh-law.com s/ Josue David Hernandez, Esq. Josue David Hernandez, Esq. DOUGHERTY & HOLLOWAY, LLC 7200 N.W. 86th Street – Suite D Kansas City, Missouri 64153 Telephone: (720) 712-9553 FAX: (816) 891-9905 jhernandez@dh-law.com ATTORNEYS FOR THE PLAINTIFFS -ands/ Randall Hack Randall Hack Locke Lord, LLP Ill South Wacker Drive Chicago, IL 60606 Telephone: (312) 443-0676 FAX: (312) 443-0336 rhack@lockelord. com s/ Bryan Hays Bryan Hays Locke Lord LLP 111 South Wacker Drive Chicago, IL 60606 Telephone: (312) 443-0676 Fax:(312)443-0336 bhays@lockelord.com 3 ATTORNEYS FOR DEFENDANT FARMERS INSURANCE EXCHANGE s/ Tom Johnson Tom Johnson Davis Graham & Stubbs, LLP 1550 17th Street, Suite 500 Denver, CO 80202 Telephone: (303) 892-7487 Fax: 303-893-1379 Tom.j ohnson@dgslaw. com ATTORNEYS FOR DEFENDANT FARMERS INSURANCE EXCHANGE s/ Terence Ridley Terence Ridley Wheeler Trigg O'Donnell, LLP 370 Seventeenth Street, Suite 4500 Denver, CO 80202-5647 Telephone: (303)244-1800 Fax: (303)244-1879 ridley@wtotrial.com ATTORNEYS FOR DEFENDANT FIRST AMERICAN PROPERTY & CASUALTY INSURANCE COMPANY s/ Jon Sands Jon Sands Sweetbaum Sands Anderson, PC 1125 17th Street, #2100 Denver, CO 80202 Telephone: (303) 296-3377 Fax: (303)296-7343 jsands@sweetbaumsands.com 4 ATTORNEYS FOR DEFENDANT STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY s/ Mike Kenny Mike Kenny Alston and Bird One Atlantic Center 1201 West Peachtree Street Atlanta, GA 30309-3424 Telephone: (404) 881-7179 Fax:(404)881-7777 Mike.kenny@alston.com ATTORNEYS FOR DEFENDANT STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY s/ Mark Horning Mark Horning Steptoe & Johnson, LLP 1330 Connecticut Avenue, NW Washington, D.C. 20036 Telephone: (202)429-8126 Fax: (202) 429-3902 mhorning@steptoe. com ATTORNEYS FOR DEFENDANT ACORD CORPORATION 5

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