Kaiser et al v. The Progressive Corporation et al

STIPULATION AND ORDER
CASE NO. 4:25-CV-09900-HSG
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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
Alex S. Madar, Esq. (SBN: 319745)
alex@madarlaw.net
MADAR LAW CORPORATION
630 1st Ave, Ste 219
San Diego, CA 92101
Telephone: (858) 299-5879
Facsimile: (619) 354-7281
Michael A. VanGalio, Esq. (SBN: 314675)
michael@vangaliolaw.com
VANGALIO LAW CORP
7710 Hazard Center Dr. Ste E401
San Diego, CA 92108
Telephone: (805) 720-3938
Andrea R. Gold (admitted pro hac vice)
agold@tzlegal.com
TYCKO & ZAVAREEI LLP
2000 Pennsylvania Avenue, Northwest, Suite
1010
Washington, District of Columbia 20006
Telephone: (202) 973-0900
Attorneys for Plaintiffs and the Proposed Class
EVERSHEDS SUTHERLAND (US) LLP
Tanvi K. Shah (CA Bar No. 32931)
(tanvishah@eversheds-sutherland.com)
12255 El Camino Real, Suite 100
San Diego, California 92130
Telephone: 	(858) 252-6502
Facsimile: 	(858) 252-6503
EVERSHEDS SUTHERLAND (US) LLP
Kymberly Kochis (admitted pro hac vice)
(kymkochis@eversheds-sutherland.com)
1114 Avenue of Americas, 40th Floor
New York, NY 10036
Telephone: 	(212) 389-5068
Facsimile: 	(212) 389-5099
Attorneys for Defendants The Progressive
Corporation and Blue Hill Specialty Insurance
Company Inc.
DANIEL KAISER and LOGAN KERWIN
individually and on behalf of all others
similarly situated,
Plaintiffs,
v.
THE PROGRESSIVE CORPORATION,
BLUE HILL SPECIALTY INSURANCE
COMPANY INC., and DOES 1-100,
Defendants.
Case No. 4:25-cv-09900-HSG
JOINT STIPULATION TO SET BRIEFING
SCHEDULE FOR DEFENDANTS’
MOTION TO COMPEL ARBITRATION;
ORDER
Hon. Haywood S. Gilliam Jr.
Case 4:25-cv-09900-HSG Document 36 Filed 02/23/26 Page 1 of 4

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STIPULATION AND ORDER
CASE NO. 4:25-CV-09900-HSG
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Plaintiffs, Daniel Kaiser and Logan Kerwin, and Defendants, The Progressive Corporation
(“Progressive”) and Blue Hill Specialty Insurance Company Inc. (“Blue Hill”) (collectively,
“Defendants”), through their respective undersigned counsel of record, stipulate as follows:
WHEREAS, Plaintiffs filed their Complaint on November 18, 2025 (ECF No. 1);
WHEREAS, the Parties previously filed a Joint Stipulation wherein they agreed upon and
sought an extension of Defendants’ deadline to answer or otherwise respond to Plaintiffs’
Complaint, which set that deadline for February 10, 2026 (ECF No. 13);
WHEREAS, the Parties prior Joint Stipulation also agreed upon and requested that
Plaintiffs be given until March 10, 2025 to file an opposition to any motion to dismiss that
Defendants filed in response to the Complaint (ECF No. 13);
WHEREAS, the Court granted the Parties prior Joint Stipulation (ECF No. 15);
WHEREAS, on February 10, 2026, Defendants each filed a Motion to Dismiss and
Defendants jointly filed a Motion to Compel Arbitration (ECF Nos. 27 – 29);
WHEREAS, after Defendants filed their aforementioned motions, the Court entered a
notice on the docket setting Plaintiffs’ deadline to oppose Defendants’ Motions to Dismiss for
March 10, 2026 and Defendants’ deadline to file any reply in support thereof for March 27, 2026,
in accordance with the Parties’ prior Joint Stipulation (ECF Nos. 13, 30);
WHEREAS, Plaintiffs’ deadline to file any opposition to Defendants’ Motion to Compel
Arbitration is February 24, 2026 and Defendants’ deadline to file any reply in support of the
Motion to Compel Arbitration is March 3, 2026 (ECF No. 29);
WHEREAS, the Parties have conferred and have agreed to extend the time by which
Plaintiffs must file their opposition to Defendants’ Motion to Compel Arbitration and have agreed
to the following schedule, which tracks the schedule for briefing on Defendants’ Motions to
Dismiss:
• 	Plaintiffs’ opposition to Defendants’ Motion to Compel Arbitration shall be due by
March 10, 2026;
• 	Defendants’ reply in support of the Motion to Compel Arbitration shall be due by
March 27, 2026;
Case 4:25-cv-09900-HSG Document 36 Filed 02/23/26 Page 2 of 4

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STIPULATION AND ORDER
CASE NO. 4:25-CV-09900-HSG
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WHEREAS, the Parties have conferred and request, subject to the Court’s approval and
availability, that a hearing on Defendants’ Motion to Compel Arbitration be scheduled for the
same date as any hearing on Defendants’ Motions to Dismiss or as soon thereafter as convenient
for the Court;
NOW THEREFORE, the undersigned parties hereby stipulate and agree, and respectfully
request, that the Court issue an order entering the following schedule for Defendants’ Motion to
Compel Arbitration:
(1) 	Plaintiffs’ opposition to Defendants’ Motion to Compel Arbitration shall be due by
March 10, 2026;
(2) 	Defendants’ reply in support of the Motion to Compel Arbitration shall be due by
March 27, 2026;
IT IS SO STIPULATED.
Date: February 23, 2026 	Respectfully submitted,
/s/ Andrea R. Gold
Andrea R. Gold (admitted pro hac vice)
agold@tzlegal.com
TYCKO & ZAVAREEI LLP
2000 Pennsylvania Avenue, Northwest, Suite 1010
Washington, District of Columbia 20006
Telephone: (202) 973-0900
Attorneys for Plaintiffs and the Proposed Class
Date: February 23, 2026 	Respectfully submitted,
/s/ Kymberly Kochis (with consent)
Kymberly Kochis (admitted pro hac vice)
kymkochis@eversheds-sutherland.com
EVERSHEDS SUTHERLAND LLP
1114 Avenue of the Americas, 40th Floor
New York, New York 10036
Telephone: (212) 389-5068
Attorneys for Defendants
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STIPULATION AND ORDER
CASE NO. 4:25-CV-09900-HSG
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ATTESTATION
I, Andrea Gold, attest that for all conformed signatures indicated by a “/s/,” the signatory
has concurred in the filing of this document.
Date: February 23, 2026 	Respectfully submitted,
/s/ Andrea R. Gold
Andrea R. Gold
Attorneys for Plaintiffs and the Proposed Class
ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.
Dated: 2/23/2026 _____________________________
Honorable Haywood S. Gilliam Jr.
United States District Judge
Case 4:25-cv-09900-HSG Document 36 Filed 02/23/26 Page 4 of 4