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Continental Insurance Company v. National Pecan Shelling Operations, LLC, 2:18-cv-03170-TLN-DB. (2019)

Court: District Court, E.D. California Number: infdco20190206a23 Visitors: 5
Filed: Feb. 05, 2019
Latest Update: Feb. 05, 2019
Summary: SECOND STIPULATION REGARDING EXTENSION OF TIME TO RESPOND TO COMPLAINT; ORDER TROY L. NUNLEY , District Judge . WHEREAS, on December 7, 2018, Plaintiff Continental Insurance Company ("Continental") filed a Complaint against Defendants National Pecan Shelling Operations, LLC d/b/a National Pecan Company and National Pecan Company (collectively, "National Pecan"); WHEREAS, Continental served National Pecan with the Complaint on December 11, 2018; WHEREAS, under Fed. R. Civ. P. 12(a)(1)(A)(i
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SECOND STIPULATION REGARDING EXTENSION OF TIME TO RESPOND TO COMPLAINT; ORDER

WHEREAS, on December 7, 2018, Plaintiff Continental Insurance Company ("Continental") filed a Complaint against Defendants National Pecan Shelling Operations, LLC d/b/a National Pecan Company and National Pecan Company (collectively, "National Pecan");

WHEREAS, Continental served National Pecan with the Complaint on December 11, 2018;

WHEREAS, under Fed. R. Civ. P. 12(a)(1)(A)(i), National Pecan's response to the Complaint was initially due on January 2, 2019;

WHEREAS, National Pecan's counsel conferred with Continental's counsel regarding an extension of time for National Pecan to respond to the Complaint;

WHEREAS, on December 21, 2018, pursuant to Eastern District of California Local Rule 144(a), the parties filed a Stipulation Regarding Extension of Time to Respond to Complaint (Doc. 9), thereby extending the deadline for National Pecan to answer or otherwise respond to the Complaint to January 30, 2019;

WHEREAS, since that date, National Pecan has been investigating the factual and legal allegations set forth in the Complaint, including the basis for subject matter jurisdiction, personal jurisdiction, and venue in this Court;

WHEREAS, Continental's sole basis for subject matter jurisdiction in this Court is diversity jurisdiction under 28 U.S.C. § 1332. (Doc. 1, ¶ 4);

WHEREAS, National Pecan is a limited liability company. Accordingly, National Pecan has been investigating the citizenship of its members to determine whether or not diversity jurisdiction exists. The membership of National Pecan is complex and has led to a lengthy investigation by National Pecan regarding the existence of diversity jurisdiction under § 1332;

WHEREAS, National Pecan seeks a seven (7) day extension on its existing deadline to answer or otherwise respond to the Complaint based on National Pecan's ongoing investigation regarding whether or not diversity jurisdiction may exist;

WHEREAS, Continental has agreed to extend National Pecan's existing deadline to answer or otherwise respond to the Complaint for an additional seven (7) days for National Pecan to further investigate whether or not diversity jurisdiction exists in this case.

THEREFORE, IT IS HEREBY STIPULATED BY THE PARTIES THAT:

1. The deadline for National Pecan to answer or otherwise respond to Continental's Complaint shall be extended for seven (7) days, through and until February 6, 2019.

PURSUANT TO STIPULATION, IT IS SO ORDERED.

Source:  Leagle

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