Opinion
CASE NO. 3:11-cv-04956-RS CASE NO. 3:11-cv-04957-RS CASE NO. 3:11-cv-04958-RS
10-24-2011
WILLIAM AMBROSIO et al., Plaintiffs, v. CERTAIN UNDERWRITERS AT LLOYD'S UNDER POLICY NO. B0146LDUSA0701030 and DOES 1 through 100, inclusive, Defendants. MICHAEL ALVARADO et al., Plaintiffs, v. CERTAIN UNDERWRITERS AT LLOYD'S UNDER POLICY NO. B0146LDUSA0701030, and DOES 1-100, inclusive, Defendants. WILLIAM JAMISON et al., Plaintiffs, v. CERTAIN UNDERWRITERS AT LLOYD'S UNDER POLICY NO. B0146LDUSA0701030 and DOES 1 through 100, inclusive, Defendants.
LAW OFFICES OF GEORGE DONALDSON George Donaldson Attorneys for Ambrosio Plaintiffs LAW OFFICES OF JEFFREY A. FELDMAN Jeffrey A. Feldman Attorneys for Alvarado Plaintiffs HORNSTEIN LAW OFFICES Val Hornstein Attorneys for Jamison Plaintiffs SEDGWICK LLP Michael L. Fox Attorneys for Defendant Brit UW Limited (sued as Certain Underwriters at Lloyd's)
Jeffrey A. Feldman - Bar No. 154440
Thomas H. Porter - Bar No. 178998
Law Offices of Jeffrey A. Feldman
Attorneys for Alvarado Plaintiffs
[Additional Counsel for Plaintiffs appear on signature page]
JOINT STIPULATED REQUEST FOR
ORDER ESTABLISHING BRIEFING
SCHEDULE AND HEARING DATE
RELATING TO DEFENDANT'S
MOTIONS TO DISMISS AND MOTIONS
TO STRIKE
Plaintiffs William Ambrosio et al., Case No. 3:11-cv-04956-RS, by and through their counsel of record, George Donaldson from the Law Office of George Donaldson;
Plaintiffs Michael Alvarado, et al., Case No. 3:11-cv-04957-RS, by and through their counsel of record, Jeffrey A. Feldman from the Law Offices of Jeffrey A. Feldman;
Plaintiffs William Jamison, et al., Case No. 3:11-cv-04958-RS, by and through their counsel of record, Val Hornstein from the Hornstein Law Offices; and
Defendant Brit UW Limited ("Brit"), Case Numbers 3:11-cv-04956-RS, 3:11-cv-04957-RS, 3:11-cv-04958-RS, by and through its counsel of record, Michael L. Fox of Sedgwick LLP, hereby stipulate as follows:
WHEREAS Defendant Brit has filed Motions to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) with respect to Plaintiffs' respective Complaints filed in the above captioned cases, which cases were removed from Marin County Superior Court to the United States District Court, Northern District of California, on or about October 7, 2011;
WHEREAS Defendant has also filed Motions to Strike pursuant to Federal Rule of Civil Procedure 12(f) with respect to Plaintiffs' prayer for punitive damages in each of the above referenced cases;
WHEREAS the parties entered into a Joint Stipulation to Relate Cases as to the following matters: William Ambrosio et al. v. Certain Underwriters at Lloyd's, Case Number 3:11-cv-04956- RS, Michael Alvarado, et al. v. Certain Underwriters at Lloyd's, Case Number 3:11-cv-04957- RS, and William Jamison, et al. v. Certain Underwriters at Lloyd's, Case Number 3:11-cv-04958- RS;
WHEREAS the Court has granted the administrative motion to relate these cases, and each of the above referenced cases in now assigned to the Honorable Judge Seeborg;
WHEREAS attorneys for Plaintiffs and Defendant in these matters now desire to establish a hearing date relating to Defendants' Motions to Dismiss and Motions to Strike filed in each case, and establish a revised briefing schedule relating thereto, including the filing of a joint opposition by Plaintiffs in order to eliminate unnecessary duplication of labor and cost; and
WHEREAS there have been no previous time modifications in this case and the Stipulation between the parties will have no effect on the schedule for the case;
NOW THEREFORE, IT IS HEREBY STIPULATED by and between the parties that, subject to the Court's approval, the hearing relating to Defendants' Motions to Dismiss and Motions to Strike filed in the three cases will be scheduled forJanuary 5, 2012 at 1:30 pm; Plaintiffs' joint opposition papers to Defendant's motions will be due December 5, 2011 and Defendants' Reply papers will be due December 19, 2011.
LAW OFFICES OF GEORGE DONALDSON
George Donaldson
Attorneys for Ambrosio Plaintiffs
LAW OFFICES OF JEFFREY A. FELDMAN
Jeffrey A. Feldman
Attorneys for Alvarado Plaintiffs
HORNSTEIN LAW OFFICES
Val Hornstein
Attorneys for Jamison Plaintiffs
SEDGWICK LLP
Michael L. Fox
Attorneys for Defendant Brit UW Limited
(sued as Certain Underwriters at Lloyd's)
PURSUANT TO STIPULATION, IT IS SO ORDERED:
Hon. Richard Seeborg, Judge
United States District Court