Opinion
DIANA L. WINFREY, SELMAN BREITMAN LLP (SBN 118910), Los Angeles, Attorneys for Defendant CERTAIN UNDERWRITERS AT LLOYD'S OF LONDON 100% SYNDICATE 2020.
THE AGUILERA LAW GROUP, APLC, KARI MYRON, ANGELA N. MARTIN, Attorneys for Plaintiff, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA.
STIPULATION AND ORDER FOR EXTENSION OF TIME TO RESPOND TO FIRST AMENDED COMPLAINT
BARBARA A. McAULIFFE, Magistrate Judge.
This Stipulation is entered into by and between Plaintiff, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA ("TRAVELERS") and Defendant, CERTAIN UNDERWRITERS AT LLOYD'S OF LONDON, 100% SYNDICATE 2020 ("UNDERWRITERS").
RECITALS
1. On or about April 19, 2013, TRAVELERS filed an action entitled Travelers Property Casualty Company of America v. Old Republic Insurance Company, et al. in the Eastern District of California, Case No. 1:13-CV-00576-LJO-BAM.
2. On or about August 21, 2013, TRAVELERS filed a first-amended complaint (the "FAC").
3. By stipulation filed October 23, 2013, and entered by the Court on October 24, 2013, TRAVELERS substituted one of the defendants to the FAC, namely, UNDERWRITERS, instead and in place of Catlin Specialty Insurance Company.
4. On or about November 8, 2013, TRAVELERS served UNDERWRITERS with a summons and the FAC.
5. Under Federal R. of Civ. Proc., Rule 12(a)(1), UNDERWRITERS' response was due on December 2, 2013.
6. UNDERWRITERS and TRAVELERS previously stipulated to a brief extension of time for UNDERWRITERS to provide a responsive pleading by December 20, 2013
7. UNDERWRITERS and TRAVELERS are discussing whether TRAVELERS will dismiss UNDERWRITERS from this lawsuit.
8. UNDERWRITERS and TRAVELERS believe that a further three (3) week extension will provide time for TRAVELERS to attempt to resolve this issue.
IT IS HEREBY STIPULATED AND AGREED:
UNDERWRITERS are awarded an additional three week extension of time to file a responsive pleading in this action. UNDERWRITERS' response to the FAC is now due on January 10, 2014.
This stipulation shall not constitute an appearance by UNDERWRITERS. UNDERWRITERS do not waive the right to challenge the Court's jurisdiction over this matter.
ORDER
The Court having reviewed the stipulation between Plaintiffs TRAVELERS and Defendant UNDERWRITERS further extending the time for UNDERWRITERS to respond to the First Amended Complaint, the Court grants the stipulation and orders that UNDERWRITERS shall have until January 10, 2014 to respond to the First Amended Complaint.
IT IS SO ORDERED.