Opinion
2:21-cv-00340-MCE-DB
12-22-2021
FPI MANAGEMENT, INC., Plaintiff, v. DB INSURANCE CO., LTD.; and Does 1 through 25, Defendants.
WILKE FLEURY LLP GEORGE A. GUTHRIE KATHRYNE E. BALDWIN Attorneys for Plaintiff FPI MANAGEMENT, INC.
WILKE FLEURY LLP GEORGE A. GUTHRIE KATHRYNE E. BALDWIN Attorneys for Plaintiff FPI MANAGEMENT, INC.
FPI MANAGEMENT, INC.'S STIPULATION AND ORDER EXTENDING TIME TO FILE THIRD AMENDED COMPLAINT AND EXTENDING TIME FOR DB INSURANCE CO., LTD. TO FILE ITS RESPONSE
MORRISON C. ENGLAND, JR., SENIOR UNITED STATES DISTRICT JUDGE.
Plaintiff FPI MANAGEMENT, INC. and Defendant DB INSURANCE CO., LTD. stipulate and agree as follows:
1. DB INSURANCE CO., LTD. filed a motion to dismiss portions of the Second Amended Complaint on April 27, 2021;
2. On April 28, 2021, the Court ordered the motion to dismiss would be submitted without appearance or argument;
3. The Court released its ruling on the motion to dismiss on December 13, 2021, denying the motion in part and granting the motion in part, but allowing for leave to amend pursuant to the Court's order within twenty days after the filing of the Court's order;
4. Accordingly, FPI MANAGEMENT, INC.'s Third Amended Complaint is presently due on January 3, 2022;
5. Counsel for FPI MANAGEMENT, INC. have represented they will need additional time to complete and file the Third Amended Complaint in light of the holiday season and prescheduled vacations;
6. Plaintiff and Defendant have agreed to a ten day extension to file the Third Amended Complaint, bringing the new deadline to January 13, 2021.
7. Counsel for DB INSURANCE CO., LTD. have represented they will need a commensurate extension of time to prepare and file a response to the Third Amended Complaint.
8. Plaintiff and Defendant have agreed to a ten-day extension to respond to the Third Amended Complaint, such that DB INSURANCE CO., LTD.'s response shall be due twenty-four days after Plaintiff files its Third Amended Complaint.
IT IS SO STIPULATED.
ORDER
Based on the foregoing stipulation and good cause appearing therefore, IT is HEREBY ORDERED: FPI MANAGEMENT, INC. may file its Third Amended Complaint in accordance with the Court's December 13, 2021 Order on or before January 13, 2022 and DB INSURANCE CO., LTD. may file its response to the Third Amended Complaint up to, and including, twenty-four days after Plaintiff files its Third Amended Complaint.
IT IS SO ORDERED.
PROOF OF SERVICE
FPI v. DB Insurance Co., LTD Case No. 2:21-cv-00340-MCE-DB
STATE OF CALIFORNIA, COUNTY OF SACRAMENTO
At the time of service, I was over 18 years of age and not a party to this action. I am employed in the County of Sacramento, State of California. My business address is 400 Capitol Mall, Twenty-Second Floor, Sacramento, CA 95814.
On December 20, 2021, I served true copies of the following document(s) described as FPI MANAGEMENT, INC.'S STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO FILE THIRD AMENDED COMPLAINT AND EXTENDING TIME FOR DB INSURANCE CO., LTD. TO FILE ITS RESPONSE on the interested parties in this action as follows:
Spencer A. Schneider, Esq. Attorneys for Defendant:
Karen E. Adelman, Esq. DB Insurance Co., LTD
Berman Berman Berman Schneider & Lowary, LLP
11900 West Olympic Blvd., Ste. 600
Los Angeles, CA 90064-1151
Tele: 310-447-9000
Fax: 310-447-9011
email: saschneider@b3law.com keadelman@b3law.com
BY CM/ECF NOTICE OF ELECTRONIC FILING:I electronically filed the document(s) with the Clerk of the Court by using the CM/ECF system. Participants in the case who are registered CM/ECF users will be served by the CM/ECF system. Participants in the case who are not registered CM/ECF users will be served by mail or by other means permitted by the court rules.
I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct and that I am employed in the office of a member of the bar of this Court at whose direction the service was made.
Executed on December 20, 2021, at Sacramento, California.