Krikorian v. Northfield Insurance Company

Filing 10

STIPULATION and ORDER to stay case signed by District Judge Anthony W. Ishii on 11/15/2013. CASE STAYED.(Lundstrom, T)

1
2
3
4
5

7
8

Attorney for Defendant NORTHFIELD
INSURANCE COMPANY

9
ATTORNEYS AT LAW
2000 POWELL STREET, SUITE 900
EMERYVILLE, CALIFORNIA 94608
[phone]

FORAN GLENNON PALANDECH PONZI & RUDLOFF PC

6

G. EDWARD RUDLOFF, JR. (State Bar No. 56058)
MARJIE D. BARROWS (State Bar No.122129)
KATHLEEN M. DeLANEY (State Bar No. 196376)
SHEROLYN LEE (State Bar No. 257513)
FORAN GLENNON PALANDECH PONZI & RUDLOFF PC
2000 Powell Street, Suite 900
Emeryville, CA 94608
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]

10

UNITED STATES DISTRICT COURT

11

EASTERN DISTRICT OF CALIFORNIA – FRESNO DIVISION

12
13

AVEDIS KRIKORIAN, an individual,
Plaintiff,

14
15
16
17

vs.
NORTHFIELD INSURANCE
COMPANY, and DOES 1-50,
Inclusive,
Defendants.

18

CASE NO. 1:13-CV-01563-AWISAB
STIPULATION FOR STAY OF
PROCEEDING; ORDER
THEREON
[Local Rule 143]

Complaint Filed: 08/27/13
Trial Date:
TBD

19
20
21

TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
Defendant Northfield Insurance Company (“Northfield”), by and through its

22

attorneys of record, Foran Glennon Palandech Ponzi & Rudloff PC, and Plaintiff

23

Avedis Krikorian (“Plaintiff”), by and through his attorneys of record, Cohen

24

McKeon LLP and the Law Offices of Narine Sulahian, hereby stipulate:

25

WHEREAS, Northfield issued a commercial insurance policy to Plaintiff,

26

Policy Number WS096893, for the policy period August 19, 2011 to August 19,

27

2012 (“Policy”);

28
1
STIPULATION FOR STAY OF PROCEEDING, CASE NO. 1:13-CV-01563-AWI-SAB

WHEREAS, pursuant to the “Appraisal” conditions of the Policy, if the

1

parties disagree on the value of the property, the amount of net income and

3

operating expense, or the amount of the loss, the parties may submit the dispute to

4

appraisal, an alternative dispute resolution process, to determine the value of the

5

property, the amount of net income and operating expense, or the amount of the

6

loss;
WHEREAS, the parties disagree on the amount of Plaintiff’s loss under the

7
8

Policy;
WHEREAS, Plaintiff filed an action against Northfield in the Superior Court

9
ATTORNEYS AT LAW
2000 POWELL STREET, SUITE 900
EMERYVILLE, CALIFORNIA 94608
[phone]

FORAN GLENNON PALANDECH PONZI & RUDLOFF PC

2

10

of California, County of Fresno, Case No. 13 CE CG 02680 (“Complaint”), for

11

breach of contract and breach of the implied covenant of good faith and fair dealing;

12

WHEREAS, Northfield timely filed an Answer to the Complaint in the

13

Superior Court of California, County of Fresno, on September 25, 2013;
WHEREAS, Northfield timely removed the state court action to this Court on

14
15

September 26, 2013, under Case No. 1:13-CV-01563-AWI-SAB;
WHEREAS, this Court issued an Order Setting Mandatory Scheduling

16
17

Conference, setting forth the scheduling conference and other deadlines, on

18

September 27, 2013;
WHEREAS Northfield requested that any dispute over the value of the loss

19
20

be subject to the Policy’s Appraisal condition, and Krikorian accepted Northfield’s

21

request;
WHEREAS, Plaintiff and Northfield agree to stay this Action until the

22
23

completion of the appraisal process;
WHEREAS, this Court has the inherent power to control its own calendar;

24
25
26

and
WHEREAS, a stay of proceedings would permit the parties to engage in an

27

alternative dispute resolution process and would serve judicial economy and

28

efficiency;
2
STIPULATION FOR STAY OF PROCEEDING, CASE NO. 1:13-CV-01563-AWI-SAB

1
2

NOW THEREFORE, the parties stipulate to stay this Action until the
completion of the appraisal process.

3
4

DATED: November 14, 2013

FORAN GLENNON PALANDECH
PONZI & RUDLOFF PC

5

By:

7
8

/s/ G. Edward Rudloff, Jr
G. Edward Rudloff, Jr.
Marjie D. Barrows
Kathleen M. DeLaney
Sherolyn Lee

9
ATTORNEYS AT LAW
2000 POWELL STREET, SUITE 900
EMERYVILLE, CALIFORNIA 94608
[phone]

FORAN GLENNON PALANDECH PONZI & RUDLOFF PC

6

Attorneys for Defendant NORTHFIELD
INSURANCE COMPANY

10
11
12

DATED: November 14, 2013

COHEN McKEON LLP

13

By:

14
15
16

/s/ Heather M. McKeon
Michael L. Cohen
Heather M. McKeon
Brian L. Poulter

Attorneys for Plaintiff AVEDIS
KRIKORIAN

17
18
19
20
21
22

DATED: November 14, 2013

LAW OFFICES OF NARINE SULAHIAN
By:

/s/ Narine Sulahian
Narine Sulahian

Attorneys for Plaintiff AVEDIS
KRIKORIAN

23
24
25
26
27
28
3
STIPULATION FOR STAY OF PROCEEDING, CASE NO. 1:13-CV-01563-AWI-SAB

1

ORDER

2

Pursuant to the stipulation between the parties, and based on the Court’s

3
4

inherent power to control its own calendar, and good cause appearing thereof,
IT IS HEREBY ORDERED that Plaintiff’s Action for breach of contract and
breach of the implied covenant of good faith and fair dealing against Northfield is

6

hereby STAYED.

7
8
9
ATTORNEYS AT LAW
2000 POWELL STREET, SUITE 900
EMERYVILLE, CALIFORNIA 94608
[phone]

FORAN GLENNON PALANDECH PONZI & RUDLOFF PC

5

IT IS FURTHER ORDERED that the stay will remain in effect until the
parties notify the Court that the appraisal process has been completed.
PURSUANT TO THE STIPULATION,

10
IT IS SO ORDERED.
11
12

Dated: November 15, 2013
SENIOR DISTRICT JUDGE

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
4
STIPULATION FOR STAY OF PROCEEDING, CASE NO. 1:13-CV-01563-AWI-SAB