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Seaton Insurance Company, Formerly Known As Unigard Mutual Insurance Company v. Yosemite Insurance Company

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


April 27, 2011

SEATON INSURANCE COMPANY, FORMERLY KNOWN AS UNIGARD MUTUAL INSURANCE COMPANY,
PLAINTIFF,
v.
YOSEMITE INSURANCE COMPANY, AND DOES 1 THROUGH 50, INCLUSIVE,
DEFENDANTS.

The opinion of the court was delivered by: The Honorable Richard Seeborg United States District Judge I

*E-Filed 4/28/11*

Robert Sturtevant Eaton (SBN 240761) MARK D. HOERRNER, (admitted pro hac vice) RSEaton@Mintz.com Email: mhoerrner@budd-larner.com MINTZ LEVIN COHN FERRIS GLOVSKY BUDD LARNER, P.C. 150 JFK Parkway AND POPEO, P.C. Short Hills, NJ 07078 Palo Alto Square, 6th Floor Phone: (973) 379-4800 3000 El Camino Real Fax: (973) 379-7734 Palo Alto, CA 94306-2155 Telephone: (650) 251-7700 Facsimile: (650) 251-7739 Benjamin L. Hincks (admitted pro hac vice) RICHARD E. WIRICK, SBN 116388 BHincks@Mintz.com Email: rwirick@enensteinlaw.com Nicholas C. Cramb (admitted pro hac vice) ROBERT A. RABBAT, SBN 254602 NCramb@Mintz.com Email: rrabbat@enensteinlaw.com MINTZ LEVIN COHN FERRIS GLOVSKY ENENSTEIN & RIBAKOFF, APC AND POPEO, P.C. 233 Wilshire Blvd., Suite 900 One Financial Center Santa Monica, California 90401 1 Boston, MA 02111 Phone: (310) 899-2070 Telephone: (617) 542-6000 Fax: (310) 496-1930 Facsimile: (617) 542-2241 Attorneys for Defendant, Attorneys for Plaintiff, YOSEMITE INSURANCE COMPANY SEATON INSURANCE COMPANY, formerly known as Unigard Mutual Insurance Company

JOINT STIPULATIONAND [PROPOSED ORDER] TO EXTEND TIME FOR DEFENDANT TO FILE A REPLY TO PLAINTIFF'S OPPOSITION TO MOTION TO DISMISS FOR IMPROPER VENUE OR IN THE ALTERNATIVE TO TRANSFER VENUE

The Honorable Judge Richard Seeborg

Complaint Filed: December 29, 2010

Courtroom No. 3, 17th Floor

Trial Date: None Set

("Defendant") (collectively, "the Parties") on the other, by and through their respective counsel, as 5 follows:

Dismiss for Improper Venue or in the Alternative Transfer Venue on February 4, 2011. Defendant 9 initially noticed the hearing on the motion for April 7, 2011. its Motion to Dismiss Amended Complaint for Improper Venue or in the Alternative Transfer Venue ("Motion to Dismiss") on March 10, 2011 and, as a result of scheduling conflicts of counsel 13 for both parties, noticed Defendant's Motion to Dismiss for hearing on May 12, 2011, at 1:30 p.m.;

Complaint, and, as a result of the inclusion of such new information, Defendant requires additional 17 time to prepare its Reply;

Reply is necessary, the Reply will still be filed a week before the hearing, which is scheduled for 22

May 12, 2011. Plaintiff assents to this request. The Parties do not believe that this extension will 23 affect the schedule for the case and no party will be prejudiced by the extension. 24 25 26 27 28

IT IS HEREBY STIPULATED by and between plaintiff SEATON INSURANCE

COMPANY ("Plaintiff") on the one hand and defendant YOSEMITE INSURANCE COMPANY 4

WHEREAS, Plaintiff filed its Complaint in this matter in state court on or about December 29, 2010. Defendant removed the case to this Court on January 28, 2011 and filed a Motion to 8

WHEREAS, Plaintiff filed an Amended Complaint on February 24, 2011. Defendant filed

WHEREAS, Defendant filed its Opposition to the Motion to Dismiss on April 21, 2011.

The Opposition contains information and documents not disclosed in Plaintiff's Amended 16

ACCORDINGLY, the Parties agree and stipulate as follows:

Defendant respectfully requests that the Court grant it a seven day extension, from April 28, 2011 to May 5, 2011, to file a Reply to Plaintiff's Opposition. If Defendant determines that such a 21

Respectfully submitted,

Pursuant to the Joint Stipulation submitted by Plaintiff Seaton Insurance Company and Defendant Yosemite Company, the Defendant is granted an extension of time to file its Reply to May 5, 2011.

IT IS SO ORDERED. S

IS SO ORDERED

A

Judge Richard Seeborg

JOINT STIPULATION TO EXTEND TIME FOR DEFENDANT

R TO FILE REPLY

No. 3:11-CV-00422-RS

ATTESTATION PURSUANT TO GENERAL ORDER 45

Concurrence in the filing of this document has been obtained from Mark D. Hoerrner.

Dated: April 27, 2011 MINTZ LEVIN COHN FERRIS GLOVSKY AND POPEO, P.C. /s/ Robert Sturtevant Eaton By: ROBERT STURTEVANT EATON Attorneys for Defendant, YOSEMITE INSURANCE COMPANY BENJAMIN L. HINCKS (admitted pro hac vice) BHincks@Mintz.com NICHOLAS C. CRAMB (admitted pro hac vice) NCramb@Mintz.com MINTZ LEVIN COHN FERRIS GLOVSKY AND POPEO, P.C. One Financial Center Boston, MA 02111 Telephone: (617) 542-6000

CERTIFICATE OF SERVICE

I, ROBERT STURTEVANT EATON, Esq. hereby certify that this document filed through the ECF system will be sent electronically to the registered participants as identified on the Notice 4 of Electronic Filing and paper copies will be sent to those indicated as non-registered participants 5 on the date of filing. 6 7

/s/ Robert Sturtevant Eaton Robert S. Eaton

20110427

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