Opinion
1:20-CV-00490-NONE-JLT
08-30-2021
Integon National Insurance Company, Plaintiff, v. Robert Hutsell, Jason May, The Mendiburu Magic Foundation Against Cancer, and D&E Suburu Family Limited Partnership, Defendants.
PATRICK HOWE LAW, APC Patrick M. Howe Attorney for plaintiff Integon National Insurance Company WILKINS, DROLSHAGEN & CZESHINSKI LLP James H. Wilkins Attorneys for defendant Robert Hutsell
PATRICK HOWE LAW, APC Patrick M. Howe Attorney for plaintiff Integon National Insurance Company
WILKINS, DROLSHAGEN & CZESHINSKI LLP James H. Wilkins Attorneys for defendant Robert Hutsell
JOINT REQUEST FOR EXTENSION OF TIME TO FILE JOINT STATEMENT RE STAY OF ACTION (DOC. 31)
Jennifer L. Thurston CHIEF UNITED STATES MAGISTRATE JUDGE
1. On August 7, 2020, the Court entered an order staying this case with respect to the causes of action against defendant Robert Hutsell based upon the pending nature of an associated criminal case against Mr. Hutsell arising out of the same loss at issue here. (Dkt. 23.)
2. The criminal case has now resolved. Robert Hutsell pled no contest to one of the charges and the others were dismissed.
3. There is no stay in effect in the civil state court action alleged in the complaint.
4. Plaintiff contends the stay in this case should be lifted.
5. Defendant Robert Hutsell contends the stay should remain in place and that the Court should set a briefing schedule and hearing on the issue.
6. On August 5, 2021, the Court issued an order directing plaintiff and defendant Robert Hutsell to file a joint statement by no later than September 3, 2021 setting forth their respective positions on whether the stay should be lifted. (Dkt 30.)
7. Counsel for plaintiff assumed (incorrectly) that counsel for defendant received the Court's order and was thus aware of the briefing schedule. On August 30, 2021, plaintiff counsel learned that defense counsel was unaware of the order because defendant has not yet filed an appearance in the case in light of the stay and therefore did receive notice of the order through the CM/ECF system. Counsel for plaintiff did not otherwise notify defense counsel because he incorrectly assumed defense counsel had received notice through the CM/ECF system.
8. Given these circumstances and the fact that counsel for defendant is set to be out of the office for vacation, plaintiff and defendant Robert Hutsell jointly request an extension of the deadline for the parties to file a joint statement until September 24, 2021.
ORDER
The Court has considered the above request. Good cause appearing therefore, the Court ORDERS:
1. The deadline to file the briefs re: lifting the stay (Doc. 30) SHALL be filed no later than September 24, 2021;
2. Counsel for Robert Hutsell SHALL file an appearance in this case for purposes of electronic filing/receiving the Court's orders no later than September 10, 2021.
3. The Clerk of Court is DIRECTED to serve a copy of this order on:
James Wilkins Wilkins, Drolshagen & Czeshinski 6785 N. Willow Ave. Fresno, CA 93710
IT IS SO ORDERED.