Opinion
CASE NO. 1:11-cv-01717-AWI-SMS
10-21-2011
ROBERT DRAIZEN; PATRICK MIZE; and RODNEY K. LOWE, Plaintiffs, v. ACE WESTCHESTER; and WESTCHESTER FIRE INSURANCE COMPANY, Defendants.
SEDGWICK LLP Brian D. Harrison Attorneys for Defendant WESTCHESTER FIRE INSURANCE COMPANY ARATA, SWINGLE, SODHI & VAN EGMOND By: William A. Lapcevic George Arata William A. Lapcevic Attorneys for Plaintiffs ROBERT DRAIZEN, PATRICK MIZE and RODNEY K. LOWE
SEDGWICK LLP
BRIAN D. HARRISON (Bar No. 157123)
KIRSTEN A. MICKELSON (Bar No. 271623)
Attorneys for Defendant
WESTCHESTER FIRE INSURANCE COMPANY
ARATA, SWINGLE, SODHI & VAN EGMOND
George Arata (Bar No. 068631)
William A. Lapcevic (Bar No. 238893)
Attorneys for Plaintiffs
ROBERT DRAIZEN, PATRICK MIZE,
and RODNEY K. LOWE
JOINT STIPULATION AND ORDER RE
EXTENSION OF TIME TO FILE
RESPONSIVE PLEADING [LOCAL
RULE 144]
This Stipulation is entered into by and among plaintiffs Robert Draizen, Patrick Mize and Rodney K. Lowe ("Plaintiffs") and defendant Westchester Fire Insurance Company ("Westchester"), by and through their respective counsel of record, based on the following:
1. WHEREAS, on September 14, 2011, Plaintiffs served this action for breach of contract, breach of the covenant of good faith and fair dealing, and bad faith denial of coverage against Westchester and on October 14, 2011, Westchester timely removed the action to this Court; and
2. WHEREAS, the insurance policy at issue contains an Alternate Dispute Resolution ("ADR") provision that requires that any dispute or controversy between the Insured and the Insurer arising out of or relating to the insurance policy be submitted to the ADR process; and
3. WHEREAS, on September 26, 2011, counsel for Westchester submitted to counsel for Plaintiffs a demand letter citing to the mandatory ADR provision in the insurance policy and requesting that Plaintiffs stipulate to discontinue this action without prejudice; and
4. WHEREAS, the current deadline under Federal Rule of Civil Procedure 81(c)(2)(C) for filing a responsive pleading is October 21, 2011; and
5. WHEREAS, on October 14, 2011, the parties timely conferred in compliance with Federal Rule of Civil Procedure 6(b)(1)(A) and Local Rule 144, and discussed the fact that Plaintiffs are and continue to consider the mandatory ADR provision contained in the insurance policy and summarized in the demand letter dated September 26, 2011 and therefore the parties agreed to extend the deadline for Westchester to file a responsive pleading by twenty-eight (28) days from October 21, 2011 to November 18, 2011.
Accordingly, based upon the foregoing, the parties hereto stipulate and agree as follows:
That the current deadline under Federal Rule of Civil Procedure 81(c)(2)(C) for filing the responsive pleading be extended from October 21, 2011 to November 18, 2011, as permitted by Local Rule 144.
SEDGWICK LLP
Brian D. Harrison
Attorneys for Defendant
WESTCHESTER FIRE INSURANCE
COMPANY
ARATA, SWINGLE, SODHI & VAN EGMOND
By: William A. Lapcevic
George Arata
William A. Lapcevic
Attorneys for Plaintiffs
ROBERT DRAIZEN, PATRICK MIZE and
RODNEY K. LOWE
Based upon the stipulation of the parties, and good cause appearing,
IT IS HEREBY ORDERED:
That the current deadline under Federal Rule of Civil Procedure 81(c)(2)(C) for the filing of Westchester's responsive pleading be extended from October 21, 2011 to November 18, 2011, as permitted by Local Rule 144.
Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE