December 20, 2013
FIDELITY & GUARANTY LIFE INSURANCE COMPANY; Plaintiff,
JOHN CHIANG, in his official capacity as CONTROLLER OF THE STATE OF CALIFORNIA, Defendant.
Richard J. Chivaro (SBN 124391), OFFICE OF THE STATE CONTROLLER, Sacramento, California, Attorneys for Defendant, JOHN CHIANG, in his official capacity as CONTROLLER OF THE STATE OF CALIFORNIA.
David L. Sasseville, LINDQUIST & VENNUM LLP, Minneapolis, MN.
SECOND STIPULATION AND ORDER FOR EXTENSION OF TIME FOR DEFENDANT JOHN CHIANG TO RESPOND TO COMPLAINT [Local Rule 144]
JOHN A. MENDEZ, District Judge.
Plaintiff Fidelity & Guaranty Life Insurance Company ("Plaintiff" or "FGL") and Defendant John Chiang, in his official capacity as Controller of the State of California ("Defendant" or the "Controller"), by and through their counsel, stipulate as follows:
WHEREAS, Plaintiff initiated this action by filing its Complaint on November 6, 2013;
WHEREAS, Defendant was served with the Complaint on November 7, 2013;
WHEREAS, Defendant obtained approval from the California Attorney General to retain outside counsel to represent the Controller in this case pursuant to California Government Code § 11040;
WHEREAS, the Controller needed additional time to respond to the Complaint, whether through his preferred counsel or otherwise;
WHEREAS, FGL and the Controller stipulated to a continuance of the Controller's deadline to respond to the Complaint, continuing the deadline to January 15, 2014 by way of written stipulation filed with the Court on November 26, 2013 (Docket No. 15);
WHEREAS, the Court approved the stipulation by its Order entered on November 27, 2013 (Docket No. 16);
WHEREAS, an issue regarding an alleged conflict of interest regarding the Controller's counsel of choice has arisen and is the subject of ongoing factual investigation, legal analysis and discussions between the parties;
WHEREAS, the Controller's counsel of choice has refrained from taking on representation in connection with this action pending completion of such investigation, analysis and discussions; and
WHEREAS, the parties believe the underlying facts and corresponding legal issues require further discussions, which have necessitated another extension of time for the Controller to respond to the Complaint:
IT IS HEREBY STIPULATED, subject to the Court's approval, that Defendant shall have an extension to and including March 14, 2014 to file a response to the Complaint. IT IS FURTHER STIPULATED that the Controller and his auditors shall refrain from requiring FGL to comply with any unclaimed property audit through March 14, 2014. In so stipulating, the parties understand and acknowledge that the Controller preserves all rights, remedies, and defenses that he has at this time, including, without limitation, his rights under the United States Constitution (including, without limitation, the Tenth and Eleventh Amendments), the Constitution of the State of California, sovereign immunity and federalism principles, and any and all other applicable law.
Pursuant to the stipulation between Plaintiff and Defendant, Defendant shall have an extension to and including March 14, 2014 to file a pleading or motion in response to the Complaint. IT IS SO ORDERED.