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Nationwide Agribusiness Insurance Co. v. Hill Country Bakery, LLC

United States District Court, Ninth Circuit, California, E.D. California, Sacramento Division
Mar 12, 2015
2:15-CV-00488-MCE-CMK (E.D. Cal. Mar. 12, 2015)

Opinion

          HAYNES AND BOONE, LLP, Kenneth G. Parker, Christopher B. Maciel, Costa Mesa, California, Attorneys for Defendant, Hill Country Bakery, LLC.

          MAIRE BURGEES & DEEDON, Patrick L. Deedon, Attorneys for Defendant, Austin Freight Systems, Inc.

          LAW OFFICE OF MCCARTHY & BEAVERS, Jeffery Alan Korinko, Attorneys for Plaintiff, Nationwide Agribusiness Insurance Company.


          JOINT MOTION AND STIPULATION TO EXTEND DEFENDANTS' TIME TO RESPOND TO INITIAL COMPLAINT; ORDER THEREON

          MORRISON C. ENGLAND, Jr., Chief District Judge.

         WHEREAS, Plaintiff NATIONWIDE AGRIBUSINESS INSURANCE COMPANY. ("Plaintiff") filed a Complaint in the within action on February 4, 2015 and served it sometime after February 4, 2015;

         WHEREAS, HILL COUNTRY BAKERY, LLC and AUSTIN FREIGHT SYSTEMS, INC. (collectively "Defendants") filed Notice of Removal on March 4, 2015;

         WHEREAS, this action is related to an earlier-filed action pending before Judge Garland E. Burrell, Jr. entitled Crain Walnut Shelling, Inc. v. Hill Country Bakery, LLC, et al., United States District Court Case No. 2:15-CV-00034-GEB-CMK (the "Crain Action") because the Plaintiff is seeking subrogation related to the allegations of the Crain Action;

         WHEREAS, one or more of the parties will file Notice of Related Case regarding this action and the Crain Action;

         WHEREAS, the parties desire to pursue settlement discussion of this action and the Crain Action and also to set response dates that are the same dates; and

         WHEREAS, the parties have agreed that both Defendants may have additional time to respond to the initial Complaint to enable the parties to further discuss the merits of their respective claims and defenses and the potential to resolve this action without the need for further litigation;

         IT IS HEREBY STIPULATED AND AGREED between the parties, by and through their counsel of record, and the parties hereby move this Court, as necessary, for an order providing, that Defendants shall have through and including April 13, 2015, to respond to Plaintiff's initial Complaint.

          ORDER

         The Court having reviewed the foregoing Stipulation, and good cause appearing therefor:

         IT IS HEREBY ORDERED that both Defendants shall have through and including April 13, 2015, to respond to Plaintiff's initial Complaint.


Summaries of

Nationwide Agribusiness Insurance Co. v. Hill Country Bakery, LLC

United States District Court, Ninth Circuit, California, E.D. California, Sacramento Division
Mar 12, 2015
2:15-CV-00488-MCE-CMK (E.D. Cal. Mar. 12, 2015)
Case details for

Nationwide Agribusiness Insurance Co. v. Hill Country Bakery, LLC

Case Details

Full title:NATIONWIDE AGRIBUSINESS INSURANCE COMPANY, an Iowa corporation, Plaintiff…

Court:United States District Court, Ninth Circuit, California, E.D. California, Sacramento Division

Date published: Mar 12, 2015

Citations

2:15-CV-00488-MCE-CMK (E.D. Cal. Mar. 12, 2015)