American Causalty Company Of Reading, Pennsylvania et al v. Western Environmental Consultants, Inc. et al.,

Filing 123

STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr. on 10/24/2011 ORDERING that Lexington shall file a Third Amended Counterclaim and Cross-Claim on or before 10/26/2011. Cross-Defendants and Counter-Defendants shall not file responsive ple adings to Lexington's Second Amended Counterclaim and Cross-Claim, and shall file responsive pleadings to Lexington's Third Amended Counterclaim and Cross-Claim within 21 days of the filing of the Third Amended Counterclaim and Cross-Claim. (Zignago, K.)

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James P. Wagoner, # 058553
Email: [e-mail]
Michael J. Schmidt, # 257371
Email: [e-mail]
McCormick, Barstow, Sheppard,
Wayte & Carruth LLP
P.O. Box 28912
5 River Park Place East
Fresno, CA 93720-1501
Telephone:
[phone]
Facsimile:
[phone]

(SPACE BELOW FOR FILING STAMP ONLY)

Attorneys for Defendant, Counterclaimant and
Crossclaimant LEXINGTON INSURANCE
COMPANY

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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AMERICAN CASUALTY COMPANY
OF READING, PENNSYLVANIA, and
NATIONAL FIRE INSURANCE
COMPANY OF HARTFORD, successor
by merger to TRANSCONTINENTAL
INSURANCE COMPANY,

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Plaintiffs,
v.
WESTERN
ENVIRONMENTAL
CONSULTANTS, INC., a California
Corporation; and PACIFIC GAS &
ELECTRIC COMPANY, a California
Corporation; LEXINGTON INSURANCE
COMPANY;
UNDERWRITERS
AT
LLOYD'S LONDON,

Case No. 2:10-CV-02806-GEB-EFB

JOINT STIPULATION AND [PROPOSED]
ORDER REGARDING LEXINGTON’S
FILING OF A THIRD AMENDED
COUNTERCLAIM AND CROSS-CLAIM
AND RESPONSES THERETO

Judge: Honorable Garland E. Burrell, Jr.

Defendants.

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AND RELATED CROSS-ACTIONS

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MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
5 R IVER PARK PLACE EAST
FRESNO, CA 93720-1501

JOINT STIPULATION AND [PROPOSED] ORDER REGARDING LEXINGTON’S FILING THIRD AMENDED
COUNTERCLAIM AND CROSS-CLAIM AND RESPONSES THERETO - 2:10-CV-02806-GEB-EFB

WHEREAS, on September 15, 2011, Lexington Insurance Company (“Lexington”) filed a

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Second Amended Counterclaim and Cross-Claim (“SACC”) (Docket No. 118);

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WHEREAS counter-defendants American Casualty Company of Reading, Pennsylvania

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and National Fire Insurance Company of Hartford (“Counter-Defendants”) and cross-defendants

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Pacific Gas & Electric Company and Western Environmental Consultants, Inc. (“Cross-

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Defendants”), pursuant to stipulation, are due to file a responsive pleading to the SACC on

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October 24, 2011 (Docket No. 120);

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WHEREAS, Lexington seeks to file a Third Amended Counterclaim and Cross-Claim

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(“TACC”), to correct the allegations that appear in Paragraph 6 of the SACC by removing the

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words, “which applied solely to the named insured, Western” from Paragraph 6 in the TACC, and

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to attach as exhibits to the TACC certain documents referenced therein.

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The parties hereby stipulate, through their attorneys, that:

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1.

Lexington shall file a Third Amended Counterclaim and Cross-Claim on or before

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October 26, 2011 that does not contain the words, “which applied solely to the named insured,

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Western” in Paragraph 6, and attaches certain documents referenced therein.

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2.

Cross-Defendants and Counter-Defendants shall not file responsive pleadings to

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Lexington’s Second Amended Counterclaim and Cross-Claim, and shall file responsive pleadings

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to Lexington’s Third Amended Counterclaim and Cross-Claim within 21 days of the filing of the

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Third Amended Counterclaim and Cross-Claim.

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MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
5 R IVER PARK PLACE EAST
FRESNO, CA 93720-1501

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JOINT STIPULATION AND [PROPOSED] ORDER REGARDING LEXINGTON’S FILING THIRD AMENDED
COUNTERCLAIM AND CROSS-CLAIM AND RESPONSES THERETO - 2:10-CV-02806-GEB-EFB

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Dated: October 21, 2011

WOOLS & PEER

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By:

s/ John E. Peer
Jeffrey A. Dollinger
John E. Peer
Attorneys for Plaintiffs
AMERICAN CASUALTY COMPANY OF
READING, PENNSYLVANIA, AND
NATIONAL FIRE INSURANCE OF
HARTFORD, successor by merger to
TRANSCONTINENTAL INSURANCE
COMPANY

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Dated: October 21, 2011

COVINGTON & BURILING LLP

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By:

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Dated: October 21, 2011

JAMPOL ZIMET LLP

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By:

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s/ Esta L. Brand
Esta L. Brand
Attorneys for Defendant
WESTERN ENVIRONMENTAL
CONSULTANTS

Dated: October 21, 2011

s/ Marcus Dong
Alan R. Jampol
Marcus Dong
Attorneys for Defendant
UNDERWRITERS
AT LLOYD’S LONDON
ORRICK HERRINGTON
& SUTCLIFFE LLP

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By:

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Dated: October 21, 2011

s/ Stephen M. Knaster
Richard J. DeNatale
Stephen M. Knaster
Attorneys for Defendant
PACIFIC GAS & ELECTRIC
COMPANY

McCORMICK, BARSTOW, SHEPPARD,
WAYTE & CARRUTH LLP

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By:

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MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
5 R IVER PARK PLACE EAST
FRESNO, CA 93720-1501

s/ Michael J. Schmidt
James P. Wagoner
Michael J. Schmidt
Attorneys for Defendant
LEXINGTON INSURANCE COMPANY

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JOINT STIPULATION AND [PROPOSED] ORDER REGARDING LEXINGTON’S FILING THIRD AMENDED
COUNTERCLAIM AND CROSS-CLAIM AND RESPONSES THERETO - 2:10-CV-02806-GEB-EFB

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IT IS SO ORDERED.

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Date: 10/24/2011

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_________________________
GARLAND E. BURRELL, JR.
United States District Judge

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DEAC_Signature-END:

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61khh4bb

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MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
5 R IVER PARK PLACE EAST
FRESNO, CA 93720-1501

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JOINT STIPULATION AND [PROPOSED] ORDER REGARDING LEXINGTON’S FILING THIRD AMENDED
COUNTERCLAIM AND CROSS-CLAIM AND RESPONSES THERETO - 2:10-CV-02806-GEB-EFB