UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
March 20, 2012
GENESIS SPECIALTY TILE & ACCESSORIES,
LLC; ELEFTHERIOS EFSTRATIS; ELEFTHERIOS D. EFSTRATIS; PATRICIA E. EFSTRATIS; JESSICA N. EFSTRATIS;
THOMAS A. JOHNSON; NORA E. RUNDELL,
AMERUS LIFE INSURANCE COMPANY OF
IOWA; AVIVA LIFE AND ANNUITY COMPANY F/K/A/ AMERUS LIFE INSURANCE COMPANY, A CORPORATION, RAYMOND F. OLMO, AN INDIVIDUAL; R.F. OLMO & ASSOCIATES, INC., A CORPORATION; MARSHALL KATZMAN, AN INDIVIDUAL; UNITED FINANCIAL GROUP, LTD, A CORPORATION; DAVID ZUCCOLOTTO; AND DOES 1 THROUGH 100, INCLUSIVE
The opinion of the court was delivered by: Kimberly Smith
STIPULATION TO CONTINUE HEARING ON PLAINTIFFS' MOTION TO REMAND; ORDER
Hearing: April 9, 2012 Time: 10:00 a.m. Ctrm: 4
Plaintiffs Genesis Specialty Tile & Accessories, LLC, Eleftherios Efstratis, Eleftherios D. Efstratis, Patricia E. Efstratis, Jessica N. Efstratis, Thomas A. Johnson, and Nora E. Rundell ("Plaintiffs") and Defendants Amerus Life Insurance Company, Aviva Life and Annuity Company, Raymond F. Olmo, RF Olmo & Associates, Inc., Marshall Katzman, and David Zuccolotto ("Defendants") hereby stipulate as set forth below:
1. Counsel for Defendants Amerus Life Insurance Company and Aviva Life and Annuity Company (the "Aviva Defendants") had an unavoidable scheduling conflict that would have prevented him from being able to attend the hearing on Plaintiffs' Motion to Remand, currently scheduled for March 26, 2012.
2. Plaintiffs' counsel agreed to change the date for hearing on the Motion to Remand to the next available date on the Court's calendar so that Aviva's counsel could be present at the hearing. After determining that date was April 9, 2012, Plaintiffs' counsel filed a Notice to Reschedule the Hearing on Plaintiffs' Motion for Remand, indicating that the motion would be heard on April 9, 2012, at 10:00 a.m., in courtroom 4.
3. The Parties all agree to hearing of the Motion to Remand on April 9, 2012 at 10:00 a.m..
IT IS SO STIPULATED
Respectfully submitted, Dated: March 19, 2012 GREENBERG TRAURIG, LLP By: /s/ Stephen E. Paffrath Kurt A. Kappes Stephen E. Paffrath Attorneys for Defendants AMERUS LIFE INSURANCE COMPANY AVIVA LIFE AND ANNUITY Dated: March 19, 2012 KLINEDINST PC By: /s/ Connie M. Anderson___ Connie M. Anderson Reina G. Minoya Attorneys for Defendant MARSHALL KATZMAN Dated: March 19, 2012 WINGET SPADAFORA & SCHWARTBERG, LLP By: /s/ David Maurer________ Brandon S. Reif David Maurer Attorneys for Defendants RAYMOND F. OLMO & RF OLMO & ASSOCIATES Dated: March 19, 2012 MANDELL & ASSOCIATES, PC By: /s/ Barbara J. Mandell___ Barbara J. Mandell Lyndon H. Hong Attorneys for Defendant DAVID ZUCCOLOTTO Dated: March 19, 2012 GUY KORNBLUM & ASSOCIATES By: /s/ Walter Crump_________ Walter Crump Attorneys for Plaintiffs ELEFTHERIOS EFSTRATIS, ELEFTHERIOS D. EFSTRATIS, PATRICIA E. EFSTRATIS, JESSICA N. EFSTRATIS, THOMAS A. JOHNSON, AND NORA E. RUNDEL
In light of the parties' above stipulation and good cause appearing therefore, the hearing on Plaintiffs' Motion to Remand, currently set for March 26, 2012 at 10:00 a.m. in courtroom #4 is hereby rescheduled for hearing on April 9, 2012 at 10:00 a.m. in courtroom #4.
IT IS SO ORDERED.
DECLARATION OF SERVICE
RE: Genesis Specialty Tile & Accessories, LLC, et al. v. Amerus Life Insurance Company of Iowa, et al. (United States District Court, Eastern District of California Case No. 2:11-cv-02489-LKKDAD)
I am a citizen of the United States, over the age of 18 years, and not a party to or interested in this action. I am employed in the County of Sacramento, State of California and my business address is Greenberg Traurig, LLP, 1201 K Street, Suite 1100, Sacramento, CA 95814. On this day I caused to be served the following document(s):
STIPULATION TO CONTINUE HEARING ON PLAINTIFFS' MOTION TO REMAND; [PROPOSED] ORDER
by placing the original a true copy into sealed envelopes addressed and served as follows:
Lee Harris, Esq. Goldstein, Gellman, Melbostad, Harris & McSparran, LLP 1388 Sutter Street, Suite 1000 San Francisco, CA 94109 Telephone: (415) 673-5600 Facsimile: (415) 673-5606 Attorneys for Plaintiffs
BY MAIL:I am familiar with this firm's practice whereby the mail, after being placed in a designated area, is given fully prepaid postage and is then deposited with the U.S. Postal Service at Sacramento, California, after the close of the day's business.
BY PERSONAL SERVICE: I caused such envelope to be delivered by hand.
BY OVERNIGHT COURIER: I caused such envelope to be placed for collection and delivery in accordance with standard overnight delivery procedures for delivery the next business day.
BY FACSIMILE: I caused such document(s) to be transmitted by facsimile transmission from (916) 448-1709 to the person(s) and facsimile transmission number(s) shown above. The facsimile transmission was reported as complete without error and a transmission report was properly issued by the transmitting facsimile machine.
I declare under penalty of perjury under the laws of the state of California that the foregoing is true and correct.
Executed on March 19, 2012, at Sacramento, California.
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