Frontier Contracting, Inc. et al v. Allen Engineering Contractor, Inc. et al

Filing 19

STIPULATION to Allow Filing of Second Amended Complaint and ORDER Thereon signed by Magistrate Judge Dennis L. Beck on 11/17/2011. (Figueroa, O)

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1 2 3 4 5 SCOTT L. STEEVER (SBN 180189) LANAHAN STEEVER & ANDERSON LLP Attorneys at Law 600 Bicentennial Way, Suite 300 Santa Rosa, California 95403 Telephone: (707) 524-4200 Facsimile: (707) 523-4610 Attorneys for Plaintiff FRONTIER CONTRACTING, INC. 6 7 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 600 BICENTENNIAL WAY, SUITE 300 SANTA ROSA, CALIFORNIA 95403 (707) 524-4200 TELEPHONE (707) 523-4610 FACSIMILE LANAHAN STEEVER & ANDERSON LLP 8 FRONTIER CONTRACTING, INC., UNITED STATES GOVERNMENT, 12 13 14 15 CASE NO.: 1:11-CV-01590-LJO-DLB Plaintiffs, STIPULATION TO ALLOW FILING OF SECOND AMENDED COMPLAINT AND ORDER THEREON v. ALLEN ENGINEERING CONTRACTOR, INC., SAFECO INSURANCE COMPANY OF AMERICA, VIGILANT INSURANCE COMPANY, and DOES 1-50 16 Defendant. 17 18 19 This stipulation is entered into by and between the parties, through their respective counsel 20 as follows: Plaintiff Frontier Contracting, Inc. by its counsel Scott L. Steever of Lanahan Steever & 21 Anderson, LLP, Allen Engineering Contracting, Inc., by its counsel Branden Timboe of Bruckner 22 & Walker LLP, and Vigilant Insurance Company, by its counsel Wayne Walton of Chubb Group. 23 It is hereby stipulated that plaintiff may file a Second Amended Complaint that is identical 24 to the present, Amended Complaint, except that Liberty Mutual Insurance Company shall be added 25 as a defendant. 26 27 28 It is further stipulated that plaintiff will execute a dismissal with prejudice in favor of Vigilant Insurance Company. In addition, the parties further stipulate that each defendant who has not yet answered, may -1- 1 answer or otherwise respond to the Second Amended Complaint with reference to the names set 2 forth in the Second Amended Complaint and may do so in lieu of responding to the Complaint or 3 Amended Complaint. 4 5 Lastly, it is stipulated that defendant Vigilant Insurance will not be required to answer the Complaint or Amended Complaint and that no default shall be taken against it. 6 7 Dated: 11/16/2011 /s/ Scott L. Steever Attorneys for Plaintiff Frontier Contracting, Inc. 9 10 Dated: 11/11/2011 BRUCKNER & WALKER LLP 11 600 BICENTENNIAL WAY, SUITE 300 SANTA ROSA, CALIFORNIA 95403 (707) 524-4200 TELEPHONE (707) 523-4610 FACSIMILE LANAHAN STEEVER & ANDERSON LLP 8 LANAHAN STEEVER & ANDERSON LLP /s/ Branden Timboe Attorneys for Defendants Allen Engineering Contracting, Inc. and Safeco Insurance Co. 12 13 14 15 Dated: 11/09/2011 16 17 18 19 /s/_______________________________________ Wayne Walton Chubb Group, In-house Counsel for Defendant Vigilant Insurance Co. ORDER IT IS SO ORDERED. 20 Dated: 21 /s/ Dennis November 17, 2011 L. Beck UNITED STATES MAGISTRATE JUDGE DEAC_Signature-END: 22 3b142a 23 24 25 26 27 28 -2-

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