Opinion
William E. von Behren, State Bar No. 106642 Joann V. Lee, State Bar No. 251653 VON BEHREN & HUNTER LLP, El Segundo, CA, Attorneys for Plaintiff OHIO NATIONAL LIFE ASSURANCE CORPORATION
David R. Griffith, Esq., Stewart, Humpherys, Molin & Griffith, LLP, Attorneys for Defendants DANIELLE Y. JENNINGS and DANIELLE Y. JENNINGS AS THE PERSONAL REPRESENTATIVE OF THE ESTATE OF MICHAEL JENNINGS.
STIPULATION TO EXTEND TIME TO RESPOND TO FIRST AMENDED COMPLAINT; ORDER
JOHN A. MENDEZ, District Judge.
This stipulation is made by and between Plaintiff OHIO NATIONAL LIFE ASSURANCE CORPORATION ("Plaintiff") and Defendants DANIELLE Y. JENNINGS, individually, and DANIELLE Y. JENNINGS as the personal representative of the Estate of Michael Jennings (hereinafter referred to as "Defendants"), and is based upon the following facts:
1. Plaintiff's service of the Summons and First Amended Complaint ("FAC") upon Defendants was completed by way of Notice and Acknowledgment of Receipt on November 18, 2013.
2. A responsive pleading to the FAC on behalf of Defendants was due to be filed and served on behalf of Defendants by December 9, 2013;
3. Good cause exists for a 60 day extension for Defendants to respond to the FAC, because the FAC names as defendants Danielle Jennings individually and Danielle Jennings as the personal representative of the Estate of Michael Jennings. For purposes of this action, Stewart, Humpherys, Molin & Griffith, LLP represents Danielle Jennings in both capacities. Ms. Jennings' probate attorney filed the appropriate probate documents with the Court on November 19, 2013, and the Court scheduled a hearing for January 23, 2014. The probate case number in Sacramento County Superior Court is XXXX-XXXXXXXX. In the Petition for Probate, Danielle Jennings is seeking appointment as personal representative of the Estate of Michael Jennings. Grant of the extension to file a responsive pleading will enable Ms. Jennings's counsel to respond to the FAC for Ms. Jennings, individually and as personal representative of the Estate of Michael Jennings. In addition, counsel for Danielle Jennings is moving offices, making it difficult to meet the December 9, 2013 deadline for filing the responsive pleading.
4. IT IS HEREBY STIPULATED by and between Plaintiff and Defendants, by and through their respective attorneys of record, that Defendants may have an additional 60 days within which to file a responsive pleading to Plaintiff's FAC. Therefore, the last day for Defendants to file a responsive pleading to Plaintiff's FAC is February 11, 2014.
IT IS SO STIPULATED.
ORDER
Based on the foregoing Stipulation, and good cause appearing,
IT IS HEREBY ORDERED that Defendants DANIELLE Y. JENNINGS, individually, and DANIELLE Y. JENNINGS as the personal representative of the Estate of Michael Jennings, shall file a responsive pleading to Plaintiff's First Amended Complaint on or before February 11, 2014.
IT IS SO ORDERED.