Opinion
BINGHAM McCUTCHEN LLP, Frank Kaplan, (SBN 50859), Kenneth S. Meyers, (SBN 99959), Santa Monica, California, Attorneys for Defendant, Insurance Company of the State of Pennsylvania.
THE BIERNAT LAW GROUP, Lisa L. Pan, Attorneys for Plaintiff America.
STIPULATION CONTINUING HEARING ON MOTION TO DISMISS THIRD AMENDED COMPLAINT; AND ORDER
MORRISON C. ENGLAND, Jr., Chief District Judge.
This Stipulation is made by and between plaintiff American States Insurance Company ("American") and defendant Insurance Company of the State of Pennsylvania ("ICSOP") through their counsel of record pursuant to Local Rule 230(f) with respect to the following facts:
1. ICSOP has filed a motion to dismiss each claim for relief in American's Third Amended Complaint.
2. The hearing on ICSOP's motion to dismiss is currently set for July 25, 2013.
3. ICSOP's reply to American's opposition to the motion to dismiss is currently due on July 18, 2013.
4. ICSOP's counsel has advised American's counsel that because of the vacation and travel schedules of the persons at ICSOP who must review and approve the reply before it is filed, those persons will be unavailable to review the reply before its current July 18, 2013 due date.
5. The next available hearing date on the Court's calendar is August 8, 2013.
6. No prior requests to continue the hearing on the motion to dismiss have been sought.
THEREFORE, American and ICSOP hereby stipulate as follows, subject to the approval of the Court:
1. The hearing on ICSOP's motion to dismiss each claim for relief in American's Third Amended Complaint may be continued to August 8, 2013 at 2 p.m.
2. ICSOP's reply to American's opposition to the motion to dismiss may be filed and served on or before August 1, 2013.
ORDER
Upon the stipulation of the parties, and good cause appearing, IT IS HEREBY ORDERED as follows:
1. The hearing on ICSOP's motion to dismiss each claim for relief in American's Third Amended Complaint currently scheduled for July 25, 2013, is hereby vacated and continued to August 8, 2013 at 2 p.m. in Courtroom 7.
2 ICSOP's Reply to American's opposition to the motion to dismiss may be filed and served on or before August 1, 2013.
IT IS SO ORDERED.