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Nautilus Insurance Company v. La Nueva Estrella, LLC, 1:18-CV-00206-LJO-EPG. (2018)

Court: District Court, E.D. California Number: infdco20180831743 Visitors: 25
Filed: Aug. 28, 2018
Latest Update: Aug. 28, 2018
Summary: JOINT STIPULATION FOR PLAINTIFF NAUTILUS INSURANCE COMPANY TO FILE ITS FIRST AMENDED COMPLAINT; ORDER THEREON ERICA P. GROSJEAN , Magistrate Judge . TO THE COURT, ALL PARTIES, AND THEIR COUNSEL OF RECORD: PLEASE TAKE NOTICE that Plaintiff Nautilus Insurance Company ("Nautilus"), by and through its attorneys of record Selman Breitman, LLP, Defendant La Nueva Estrella, LLC, by and through their attorneys of record Arthofer & Tonkin, Defendant Jennifer Judith Rivera Nunez, by and through he
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JOINT STIPULATION FOR PLAINTIFF NAUTILUS INSURANCE COMPANY TO FILE ITS FIRST AMENDED COMPLAINT; ORDER THEREON

TO THE COURT, ALL PARTIES, AND THEIR COUNSEL OF RECORD:

PLEASE TAKE NOTICE that Plaintiff Nautilus Insurance Company ("Nautilus"), by and through its attorneys of record Selman Breitman, LLP, Defendant La Nueva Estrella, LLC, by and through their attorneys of record Arthofer & Tonkin, Defendant Jennifer Judith Rivera Nunez, by and through her Guardian ad Litem Diafra Rivera Cruz, by and through her attorney of record the Law Offices of Jake D. Finkel, APC, Defendants Imelda Ramirez Carrillo, Maria Lilia Ramirez Carrillo, Anayeli Perez Ramirez., and Luis Angel Perez Ramirez (on behalf of Fernando Ramirez, deceased, and Petra Carrillo, deceased), by and through their attorneys of. record Perez, Williams, Medina & Rodriguez, LLP, Defendants Adelina Campos de Morales, individually and on behalf of the Estate of Jose Morales Bravo, Jose Morales Campos, Eva Marie Tamayo, Ana I. Leyva, and Fernando Morales Campos (on behalf of Jose Morales Bravo, deceased), by and through their attorney of record Shane Law, Defendants Victor Arteaga, Victor Hernandez Santos, Giovanna Vazquez Martinez, Carmelo Gonzales Sanchez, Florin Lopez de Ruiz, and Maria Consuelo Olivares Ochoa, by and through their attorneys of record Law Offices of Brown & Gessell, (all parties are collectively, the "Parties"), hereby enter into the following stipulation for Nautilus to file a First Amended Complaint.

RECITALS:

WHEREAS Defendant Jennifer Judith Rivera Nunez, by and through her Guardian ad Litem Diafra Rivera Cruz, filed a Complaint on August 22, 2016 in Merced Superior Court, Case No. 16CV-02493, styled Rivera v. Autobuses Coordinados U.S.A., Inc., et al.

WHEREAS Defendants Imelda Ramirez Carrillo, Maria Lilia Ramirez Carrillo, Anayeli Perez Ramirez and Luis Angel Perez Ramirez (on behalf of Fernando Ramirez, deceased and Petra Carrillo, deceased), filed a Complaint on September 1, 2016 in Merced Superior Court, Case No. 16CV-02569, styled Carrillo, et al. v. Vasquez, et al. Defendants also filed a separate action in Merced Superior Court, Case No. 18CV-03019.

WHEREAS Defendants Adelina Campos de Morales, individually and on behalf of the Estate of Jose Morales Bravo, Jose Morales Campos, Eva Marie Tamayo, Ana I. Leyva, and Fernando Morales Compos (on behalf of Jose Morales Bravo, deceased), filed a Complaint on September 23, 2016 in Merced Superior Court, Case No. 16CV-02876, styled Campos v. Autobuses.

WHEREAS Defendants Victor Arteaga, Victor Hernandez Santos, Giovanna Vazquez Martinez, Carmelo Gonzalez Sanchez, Florina Lopez de Ruiz, and Maria Consuelo Olivares Ochoa, filed a Complaint on October 27, 2016 in Merced Superior Court, Case No. 16C03274, styled Arlega, a al. v. Vasquez et al.

WHEREAS Nautilus filed a Complaint on February 8, 2018 in United States District Court, Eastern District of California — Fresno Division, Case No. 1:18-CV-00206-LJO-EPG, styled Nautilus Insurance Company v. La Nueva Estrella, LLC, et al.

WHEREAS all counsel of record met and conferred on August 7, 2018, pursuant to Federal Rules of Civil Procedure, Rule 26(f). On said date, all parties agreed that Nautilus may file a First Amended Complaint to add certain parties involved in the underlying actions. The proposed First Amended Complaint is attached to this stipulation as Exhibit A.

WHEREAS the parties agree to continue the initial scheduling conference from August 29, 2018 at 10:30 a.m. to October 22, 2018 at 9:30 a.m.

STIPVLATION:

Based on the foregoing recitals, the Parties, by and through their respective attorneys of record, hereby stipulate that Nautilus may file a First Amended Complaint in this action, and request that the Court continue the initial scheduling conference in this matter to October 22, 2018, at 9:30 a.m.

I attest that all electronic signatories listed above, and on whose behalf this stipulation is submitted, concur in the stipulation's content and have authorized the filing of this stipulation.

ORDER

Having considered the stipulation of all the parties to this action, the Court finds that pod cause exists to approve the stipulation and that Nautilus is granted leave to file its proposed `first Amended Complaint in this action, with said complaint to be filed within seven (7) days of ervice of this order.

The initial scheduling conference is continued from August 29, 2018 at 10:30 a.m. to October 22, 2018 at 9:30 a.m. The Court grants telephonic appearances, with each party firected to use the following dial-in number and passcode: 1-888-251-2909; passcode 024453. The parties are to file a joint scheduling report one full week prior to the conference nd email a copy of same, in Word format, to epgorders@caed.uscourts.gov, for the Judge's eview.

IT IS SO ORDERED.

Source:  Leagle

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