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Webcor Construction, LP v. Zurich American Insurance Company,, 4:17-cv-02220-YGR. (2017)

Court: District Court, N.D. California Number: infdco20171026c35 Visitors: 12
Filed: Oct. 25, 2017
Latest Update: Oct. 25, 2017
Summary: ORDER GRANTING STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND TO PLAINTIFFS' SECOND AMENDED COMPLAINT AS MODIFIED BY THE COURT YVONNE GONZALEZ ROGERS , District Judge . Defendant Liberty Insurance Underwriters Inc., Zurich American Insurance Company, and Old Republic General Insurance Corporation (collectively "Defendants") on the one hand and Plaintiffs WEBCOR CONSTRUCTION, LP dba WEBCOR BUILDERS, ("Webcor") and ARCHITECTURAL GLASS AND ALUMINUM CO., INC. ("AGA") (collec
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ORDER GRANTING

STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND TO PLAINTIFFS' SECOND AMENDED COMPLAINT

AS MODIFIED BY THE COURT

Defendant Liberty Insurance Underwriters Inc., Zurich American Insurance Company, and Old Republic General Insurance Corporation (collectively "Defendants") on the one hand and Plaintiffs WEBCOR CONSTRUCTION, LP dba WEBCOR BUILDERS, ("Webcor") and ARCHITECTURAL GLASS AND ALUMINUM CO., INC. ("AGA") (collectively, "Plaintiffs") on the other hereby submit the following Stipulation Extending Time to Respond to Second Amended Complaint in the above-captioned action.

WHEREAS, on September 28, 2017, this Court granted National Union's motion to dismiss Plaintiffs' First Amended Complaint, and ordered that Plaintiffs file their Second Amended Complaint ("SAC") no later than October 10, 2017 and that all Defendants, including National Union, file their response to the SAC within 14 days of filing.

WHEREAS, Plaintiffs filed their SAC on October 10, 2017 in the United States District Court, Northern District of California, case number 4:17-cv-02220-YGR;

WHEREAS, on or about October 10, 2017, Plaintiffs electronically served Defendants with the SAC, triggering Defendants' responsive pleading deadline of October 24, 2017;

WHEREAS, on October 18, 2017, the parties participated in mediation, during which the mediator indicated a mediator's proposal would be provided.

WHEREAS, on October 21, 2017 the mediator sent a mediator's proposal for a global settlement as to all parties except for the third-party defendants.

WHEREAS, the deadline for the parties to respond to the mediator's proposals is November 8, 2017.

WHEREAS, Defendants and Plaintiffs agree it would be mutually beneficial to wait to address a potential response to the SAC and oppositions to any motions challenging the SAC until it can be determined whether a resolution pursuant to the mediator's proposal can be achieved in order to allow these parties to focus on whatever efforts may be made in order to achieve a settlement in the near future.

WHEREAS, National Union and Plaintiffs submitted a similar stipulation and proposed order on October 23, 2017 [Dkt 161], extending time for National Union's response to the SAC.

WHEREFORE, Defendants and Plaintiffs stipulate and agree to the following:

1. The deadline for Defendants to Answer to the SAC is extended from October 24, 2017 until and including November 15, 2017.

IT IS SO STIPULATED:

ORDER

The deadline for National Union to respond to the SAC is extended from October 24, 2017 to November 9, 2017. Any motion to dismiss shall be set for hearing on or after December 19, 2017, to be heard with any other pending motion to dismiss.

IT IS SO ORDERED.

Source:  Leagle

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