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Federal Insurance Company v. Anderson, 3:18-cv-06920-JST. (2019)

Court: District Court, N.D. California Number: infdco20190508b51 Visitors: 4
Filed: May 07, 2019
Latest Update: May 07, 2019
Summary: STIPULATION AND [PROPOSED] ORDER TO EXTEND BRIEFING DEADLINES RELATING TO PETITIONER'S MOTION TO COMPEL APPRAISAL AND STAY PROCEEDINGS JON S. TIGAR , District Judge . Whereas, Petitioner and Counterdefendant ("Petitioner") filed its Motion to Compel Appraisal and Stay Proceedings on May 1, 2019 and scheduled the hearing thereon for June 13, 2019; Whereas, at the time Petitioner filed its motion, it erroneously calculated the deadline to oppose as May 22, 2019 and the deadline to f
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STIPULATION AND [PROPOSED] ORDER TO EXTEND BRIEFING DEADLINES RELATING TO PETITIONER'S MOTION TO COMPEL APPRAISAL AND STAY PROCEEDINGS

Whereas, Petitioner and Counterdefendant ("Petitioner") filed its Motion to Compel Appraisal and Stay Proceedings on May 1, 2019 and scheduled the hearing thereon for June 13, 2019;

Whereas, at the time Petitioner filed its motion, it erroneously calculated the deadline to oppose as May 22, 2019 and the deadline to file any reply as May 30, 2019, and caused these dates to be entered on the docket;

Whereas counsel for Respondents and Counterclaimaints ("Respondents") contacted counsel for Petitioner and agreed that, although the deadlines were calculated in error, they would stipulate to the set briefing schedule as entered;

Whereas, the Parties agreed, in light of this error, that Petitioner would grant an extension to Respondent's time to file its Opposition to and including May 22, 2019 and would file its Reply, if any, by May 30, 2019;

Whereas, the Clerk contacted counsel for Petitioner on May 3, 2019, to inquire about the briefing schedule, as reflected in Petitioner's correspondence with the Clerk dated May 3, 2019, and counsel for Petitioner informed the clerk of the error and indicated that a stipulation formalizing the original dates as filed would be forthcoming;

Whereas, the docket was corrected on May 6, 2019 to reflect the correct deadlines per local rules;

Whereas, the hearing date is not set until June 13, 2019, and this extension will not impact any other deadlines or delay the hearing;

Whereas, the only other extensions previously stipulated to in this case were a three-week extension and a one-month extension of time to comply with Civil L.R. 16-8 and ADR L.R. 3-5 (see Dkt. Nos. 15-18), which likewise did not impact any other dates in the case:

The parties hereby stipulate and agree that the deadline for Respondents' and Counterclaimants' Opposition to the Motion to Compel Appraisal and Stay Proceedings is extended until and including May 22, 2019 and the deadline for Petitioner's Reply, if any, is extended until and including May 30, 2019.

Dated: May 7, 2019 FARELLA BRAUN + MARTEL LLP By: /s/Tyler C. Gerking Tyler C. Gerking Attorneys for Respondents and Counterclaimants RICHARD ANDERSON, M.D. and ALICE ANDERSON Dated: May 7, 2019 MOUND COTTON WOLLAN & GREENGRASS LLP By: /s/Scott Glassmoyer Scott Glassmoyer Attorneys for Petitioner and Counter-Defendant, FEDERAL INSURANCE COMPANY

FILER'S ATTESTATION

In compliance with Civil L.R. Rule 5-1, I hereby attest that all parties have concurred in the filing of this Stipulation and [Proposed] Order Extending Briefing Deadlines for Respondent's Opposition to the Motion to Compel Appraisal and Stay Proceedings.

Dated: May 7, 2019 /s/Tyler C. Gerking Tyler C. Gerking

[PROPOSED] ORDER

In accordance with the above stipulation, PURSUANT TO STIPULATION, IT IS ORDERED that the deadline for Respondents and Counterclaimants RICHARD ANDERSON, M.D. and ALICE ANDERSON to file their Opposition to the Motion to Compel Appraisal and Stay Proceedings is extended until and including May 22, 2019 and the deadline for Petitioner and Counterdefendant FEDERAL INSURANCE COMPANY's Reply in support of its Motion to Compel Appraisal and Stay Proceedings is extended until and including May 30, 2019.

Source:  Leagle

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