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Atkins v. MetLife, Inc., 2:19-cv-02004-RFB-NJK. (2020)

Court: District Court, D. Nevada Number: infdco20200207e00 Visitors: 15
Filed: Feb. 06, 2020
Latest Update: Feb. 06, 2020
Summary: STIPULATION AND ORDER CONCERNING FILING OF AMENDED COMPLAINT AND EXTENDING DEADLINE FOR DEFENDANTS TO RESPOND (FIRST REQUEST) NANCY J. KOPPE , Magistrate Judge . Pursuant to LR IA 6-1, Plaintiffs Leroy Atkins and Geraldine Atkins (jointly, "Plaintiffs") and Defendants MetLife, Inc., Metropolitan Life Insurance Company (jointly, "MetLife"), and Brighthouse Financial, Inc. ("Brighthouse") (collectively, the "Parties") stipulate and agree as follows: 1. On November 18, 2019, Plaintiffs filed
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STIPULATION AND ORDER CONCERNING FILING OF AMENDED COMPLAINT AND EXTENDING DEADLINE FOR DEFENDANTS TO RESPOND

(FIRST REQUEST)

Pursuant to LR IA 6-1, Plaintiffs Leroy Atkins and Geraldine Atkins (jointly, "Plaintiffs") and Defendants MetLife, Inc., Metropolitan Life Insurance Company (jointly, "MetLife"), and Brighthouse Financial, Inc. ("Brighthouse") (collectively, the "Parties") stipulate and agree as follows:

1. On November 18, 2019, Plaintiffs filed a Class Action Complaint (the "Complaint") against MetLife and Brighthouse (jointly, "Defendants").

2. The deadline for MetLife to answer or otherwise respond to the Complaint is February 7, 2020.

3. The deadline for Brighthouse to answer or otherwise respond to the Complaint is February 14, 2020.

4. On February 3, 2020, Plaintiffs filed an Unopposed Motion to Add Party Defendant Brighthouse Life Insurance Company ("BLIC") (the "Unopposed Motion"). (ECF No. 15.)

5. On February 5, 2020, the Court granted Plaintiffs' Unopposed Motion and ordered that "Plaintiffs shall promptly file and serve the amended complaint." (ECF No. 21.)

6. The Parties stipulate and agree that Plaintiff shall file an amended complaint pursuant to the Court's order ("Amended Complaint") within one week of the Court's order.

7. Good cause exists to confirm the Plaintiffs' deadline to file an amended complaint to February 12, 2020 as Plaintiffs' counsel will need approval from Plaintiffs prior to filing.

8. Given the filing of an Amended Complaint, the Parties stipulate and agree that Defendants need not answer or otherwise respond to the Complaint.

9. Good cause exists to confirm to vacate Defendants' deadlines to respond to the Complaint as the Plaintiffs will file an Amended Complaint on or before February 12, 2020—making any response to the Complaint moot.

10. By entering into this stipulation, the Parties do not waive any rights or defenses that could be asserted pursuant to the Federal Rules of Civil Procedure or otherwise.

11. This is the first request to confirm the timing of the filing Plaintiffs' Amended Complaint and the Defendants' responsive pleading dates in this matter.1

IT IS SO ORDERED.

FootNotes


1. A previous request to extend the briefing schedule to respond to Plaintiffs' complaint was made on February 3, 2020. (ECF 16.) That stipulation was denied without prejudice on February 5, 2020. (ECF No. 22.)
Source:  Leagle

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