Opinion
2:22-cv-01339-CDS-VCF
11-15-2022
GARY YAGHYAZARIAN and ELENA THORMAHLEN, individually and on behalf of others similarly situated, Plaintiff, v. PROGRESSIVE DIRECT INSURANCE COMPANY and PROGRESSIVE NORTHERN INSURANCE COMPANY, Defendants.
James E. Whitmire, Esq. Santoro Whitmire Jeffrey S. Cashdan, Esq. (pro hac vice pending) Zachary A. McEntyre, Esq. (pro hac vice) James Matthew Brigman, Esq. (pro hac vice) Allison Hill White, Esq. (pro hac vice) KING &SPALDING, LLP Julia C. Barrett, Esq. (pro hac vice pending) KING &SPALDING, LLP Attorneys for Defendants Andrew J. Shamis, Esq. SHAMIS &GENTILE, P.A. Scott Edelsberg, Esq. Christopher Gold, Esq. EDELSBERG LAW P.A. Gustavo Ponce, Esq. Mona Amini, Esq. KAZEROUNI LAW GROUP, APC Attorneys for Plaintiffs
James E. Whitmire, Esq. Santoro Whitmire Jeffrey S. Cashdan, Esq. (pro hac vice pending) Zachary A. McEntyre, Esq. (pro hac vice) James Matthew Brigman, Esq. (pro hac vice) Allison Hill White, Esq. (pro hac vice) KING &SPALDING, LLP Julia C. Barrett, Esq. (pro hac vice pending) KING &SPALDING, LLP Attorneys for Defendants
Andrew J. Shamis, Esq. SHAMIS &GENTILE, P.A. Scott Edelsberg, Esq. Christopher Gold, Esq. EDELSBERG LAW P.A. Gustavo Ponce, Esq. Mona Amini, Esq. KAZEROUNI LAW GROUP, APC Attorneys for Plaintiffs
STIPULATION AND [PROPOSED] ORDER FOR EXTENSION OF TIME FOR PROGRESSIVE DIRECT INSURANCE COMPANY TO RESPOND TO PLAINTIFFS' AMENDED COMPLAINT (FIRST REQUEST)
Cam Ferenbach United States Magistrate Judge
Pursuant to Rule 6(b)(1) of the Federal Rules of Civil Procedure, Defendant Progressive Direct Insurance Company (“Progressive Direct”), by its undersigned counsel, and Plaintiffs Gary Yaghyazarian and Elena Thormahlen, through their undersigned counsel, hereby stipulate and agree, subject to the Court's approval, pursuant to Local Rule 7-1 and Local Rule IA 6-1 to extend the deadline for Progressive Direct to answer or otherwise respond to Plaintiffs' Amended Complaint (deadline is currently November 15, 2022), as follows:
1. Plaintiff Gary Yaghyazarian filed the original complaint in this action on August 17, 2022, solely against Progressive Direct. See Dkt. No. 1.
2. Progressive Direct, after waiving service, responded to the complaint by filing a timely Motion to Dismiss on October 10, 2022. See Dkt. Nos. 5, 18.
3. An Amended Complaint was filed on November 1, 2022, adding a new plaintiff, Elena Thormahlen, and a new defendant, Progressive Northern Insurance Company (“Progressive Northern”). See Dkt. No. 20.
4. Pursuant to Rule 15(a)(3) of the Federal Rules of Civil Procedure, unless the Court orders otherwise, Progressive Direct's last day to answer or otherwise respond to the Amended Complaint is November 15, 2022.
6. Progressive Northern waived service of the Amended Complaint, thereby making its answer or other response due on January 9, 2023. See Dkt. No. 32.
7. Progressive Direct and Progressive Northern are both represented by the undersigned counsel at King & Spalding LLP and Santoro Whitmire. See Dkt. Nos. 21, 27, 28, 29, 30, 31, 33, 34, 35.
8. In the interest of efficiency and appropriate coordination of this action, the parties have agreed that both Defendants should have the same response deadline, and that Progressive Direct's deadline to answer or otherwise respond to the Amended Complaint should be extended to January 9, 2023, so that both Defendants have the same response deadline.
9. Accordingly, all parties hereby stipulate, subject to the Court's approval, that Progressive Direct's answer or other response to Plaintiffs' Amended Complaint is due by January 9, 2023. This is the first request to extend the foregoing deadlines, and all parties
submit that good cause exists for these extensions and that they are not intended for purposes of delay.
WHEREFORE, Defendant Progressive Direct Insurance Company respectfully requests that the Court grant this Unopposed Motion and thereby extend its time to answer or otherwise respond to the Amended Complaint to January 9, 2023.
Respectfully submitted on November 14, 2022.
IT ISSOORDERED.