Opinion
THE AGUILERA LAW GROUP, APLC, A. Eric Aguilera, Esq., Raymond E. Brown, Esq., Kimberly R. Arnal, Esq., Costa Mesa, CA, Attorneys for Plaintiff, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA.
CLAPP MORONEY VUCINICH BEEMAN SCHELEY, APLC, Adrienne E. Nordstrom, Esq., Attorneys for Defendant ANDERSON HOMES.
JOINT STIPULATION AND ORDER TO EXTEND ANDERSON HOMES' TIME TO RESPOND TO TRAVELERS' COMPLAINT TO NOVEMBER 17, 2015
JOHN A. MENDEZ, District Judge.
Plaintiff TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA ("TRAVELERS") and Defendant ANDERSON HOMES, INC. ("ANDERSON HOMES") hereby stipulate and agree to allow defendant ANDERSON HOMES an extension of an additional 14 days (in addition to the prior extensions (three) of 176 days) of time, until November 17, 2015, to answer, appear, or otherwise reply to TRAVELERS' complaint based on developments that will likely result in the complete dismissal of this action.
1. WHEREAS, TRAVELERS filed the present action on February 12, 2015 (Dckt No. 1);
2. WHEREAS, ANDERSON HOMES' was served on April 20, 2015 (Dckt No. 7) and its answer was originally due on May 11, 2015;
3. WHEREAS, TRAVELERS and ANDERSON HOMES previously stipulated to extend the time for ANDERSON HOMES to answer, appear, or otherwise reply to TRAVELERS' complaint to August 28, 2015 (Dckt No. 9);
4. WHEREAS, TRAVELERS and ANDERSON HOMES previously stipulated to extend the time for ANDERSON HOMES to answer, appear, or otherwise reply to TRAVELERS' complaint to October 27, 2015 (Dckt No. 10);
5. WHEREAS, TRAVELERS and ANDERSON HOMES previously stipulated to extend the time for ANDERSON HOMES to answer, appear, or otherwise reply to TRAVELERS' complaint to November 3, 2015;
6. WHEREAS, the present matter involves a coverage dispute arising out of an Underlying Action entitled Strange, et al., v. Anderson Homes, et al., San Joaquin County Superior Court Case No. 39-2013-00302817-CU-CD-STK ("Underlying Action");
7. WHEREAS, as part of ongoing mediation efforts in the Underlying Action, parties to the Underlying Action and TRAVELERS participated in a mediation on October 23, 2015;
8. WHEREAS, following the October 23, 2015 mediation, the mediator contacted TRAVELERS' counsel and indicated he believes the Underlying Action can be resolved if this action is included in a global settlement agreement and communicated to TRAVELERS' counsel an offer from ANDERSON HOMES to resolve this action;
9. WHEREAS, on November 2, 2015, TRAVELERS' counsel communicated an offer to resolve this action to ANDERSON HOMES' counsel;
10. WHEREAS, ANDERSON HOMES has requested additional time to respond to TRAVELERS' November 2, 2015 offer;
11. WHEREAS, an extension of 14 days will allow the parties and the mediator time to resolve both this action and the Underlying Action;
IT IS HEREBY STIPULATED by and between the parties, through their counsel of record, that the new deadline for ANDERSON HOMES to answer, appear, otherwise reply to TRAVELERS' Summons and Complaint is November 17, 2015.
ORDER
Good cause having been shown, the Court grants the parties' request for an extension of time for defendant ANDERSON HOMES, INC. to answer, appear, otherwise reply to TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA'S Summons and Complaint to November 17, 2015.
IT IS SO ORDERED.