Centex Homes v. Financial Pacific Insurance Company et al

Filing 59

ORDER GRANTING Counter Claimant, Financial Pacific Insurance Company, Leave to Amend Its Counterclaim Pursuant to Stipulation of the Parties, Signed by Magistrate Judge Sandra M. Snyder on 9/1/2009. (Arellano, S.)

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1 Shahab E. Fotouhi - No. 168301 Mark J. Divelbiss - No. 142084 2 FOTOUHI EPPS HILLGER GILROY PC 160 Pine Street, Suite 710 3 San Francisco, CA 94111 Tel: 415.362.9300 4 Fax: 415.358.5521 5 Attorneys for Defendant and Counter Claimant FINANCIAL PACIFIC INSURANCE COMPANY 6 7 8 9 10 CENTEX HOMES 11 12 vs. Plaintiff, UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 1:07-CV-00568-AWI-SMS STIPULATION AND ORDER ALLOWING COUNTER CLAIMANT FINANCIAL PACIFIC INSURANCE COMPANY TO AMEND ITS COUNTERCLAIM Courtroom: 7 13 FINANCIAL PACIFIC INSURANCE COMPANY, NICKY RODRIGUEZ 14 CEMENT and NICKY RODRIGUEZ 15 16 Defendants. ___________________________________ Judge: Honorable Sandra M. Snyder Trial Date: March 16, 2010 FINANCIAL PACIFIC INSURANCE 17 COMPANY, 18 vs. 19 GOLDEN EAGLE INSURANCE CORPORATION, ZURICH AMERICAN 20 INSURANCE COMPANY 21 22 Counter Defendants ___________________________________ 23 TO THE COURT AND TO ALL PARTIES AND TO THEIR RESPECTIVE 24 ATTORNEYS OF RECORD: 25 WHEREAS, the above-captioned parties, by and through their respective counsel, hereby 26 submit this Stipulation and Order Allowing Counter Claimant, FINANCIAL PACIFIC 27 INSURANCE COMPANY, to amend its Counter Claim as follows: 28 STIPULATION AND ORDER ALLOWING FPIC TO AMEND ITS COUNTER CLAIM CENTEX HOMES v. FINANCIAL PACIFIC Case No: 1:07-CV-00568-LJO-SMS Page 1 1 WHEREAS, Counter Claimant, FINANCIAL PACIFIC INSURANCE COMPANY, 2 filed and served its original Counter Claim in this action on June 27, 2007. 3 WHEREAS, Golden Eagle Insurance Corporation was voluntarily dismissed by Counter 4 Claimant, FINANCIAL PACIFIC INSURANCE COMPANY, on August 7, 2007. 5 WHEREAS, Counter Claimant, FINANCIAL PACIFIC INSURANCE COMPANY, has 6 only recently become aware that Zurich American Insurance Company did not issue any policies 7 of insurance to Defendants NICKY RODRIGUEZ and NICKY RODRIGUEZ CEMENT in the 8 subject litigation. Instead, such policies were issued by another member company of Zurich 9 North America which should now be named in the Counter Claim in place of Zurich American 10 Insurance Company. 11 12 WHEREAS, Assurance Company of America shall be named as a Counter Defendant. WHEREAS, Counter Claimant, FINANCIAL PACIFIC INSURANCE COMPANY, 13 agrees to dismiss Zurich American Insurance Company from its Counter Claim without 14 prejudice. 15 WHEREAS, the parties wish to stipulate to the aforementioned amendments to the 16 Counter Claim in order to avoid the needless filing of a motion and incurring unnecessary costs 17 to their respective clients. 18 WHEREAS, the modification of such counterclaim is necessary in presenting the merits 19 of the case and no substantial prejudice will arise to any of the parties from allowing this 20 modification. 21 Dated: August 27, 2009 22 23 24 25 26 / / / / / 27 / / / / / 28 STIPULATION AND ORDER ALLOWING FPIC TO AMEND ITS COUNTER CLAIM CENTEX HOMES v. FINANCIAL PACIFIC FOTOUHI EPPS HILLGER GILROY PC By: /s/ Mark J. Divelbiss Mark J. Divelbiss Attorneys for Defendant FINANCIAL PACIFIC INSURANCE COMPANY Case No: 1:07-CV-00568-LJO-SMS Page 2 1 ///// 2 Dated: August 27, 2009 3 By: 4 5 6 7 Dated: August 27, 2009 8 By: 9 10 11 Dated: August 27, 2009 12 13 14 15 Dated: August 27, 2009 16 17 18 19 20 21 RULE 7-131 (e) CERTIFICATION I, Mark J. Divelbiss, hereby attest, pursuant to this Court's Rule 7-131(e), that each of the By: /s/ W. Eric Blumhardt W. Eric Blumhardt Co-Counsel for FINANCIAL PACIFIC INSURANCE COMPANY ARCHER NORRIS By: /s/ Stephen R. Wong Stephen R. Wong Attorneys for Cross-Defendant ZURICH INSURANCE COMPANY SINNOTT, DITO, MOURA & PUEBLA P.C. /s/ Pamela Lewis Pamela Lewis Attorneys for Defendants NICKY RODRIGUEZ and NICKY RODRIGUEZ CEMENT ANWYL SCOFFIELD & STEPP, LLP /s/ Aaron Gruber Aaron R. Gruber Attorneys for Plaintiff CENTEX HOMES HOWREY LLP 22 other counsel identified above have authorized the submission of this Stipulation and [Proposed] 23 Order on that counsel's behalf. 24 25 26 27 28 STIPULATION AND ORDER ALLOWING FPIC TO AMEND ITS COUNTER CLAIM CENTEX HOMES v. FINANCIAL PACIFIC Executed this 28th day of August, 2009, at Oakland, California. /s/ Mark J. Divelbiss Mark J. Divelbiss, Esq. Attorneys for Defendant FINANCIAL PACIFIC INSURANCE COMPANY Case No: 1:07-CV-00568-LJO-SMS Page 3 1 2 3 ORDER The parties having so stipulated, and good cause appearing, the Court hereby grants leave 4 for the Counter Claimant, FINANCIAL PACIFIC INSURANCE COMPANY, to file an 5 amended counterclaim as set forth the in the above Stipulation. 6 7 IT IS SO ORDERED. 8 9 Dated: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND ORDER ALLOWING FPIC TO AMEND ITS COUNTER CLAIM CENTEX HOMES v. FINANCIAL PACIFIC September 1, 2009 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE Case No: 1:07-CV-00568-LJO-SMS Page 4

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