Argonaut-Midwest Ins. Co. v. Hoblit Motors, et al

Filing 14

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 2/9/2015 ORDERING that this action and all proceedings and claims thereto, including initial disclosures, are hereby STAYED until 6/1/2015, starting 2/2/2015. All applicable time periods and deadlines from the date of the start of the stay to the time when the stay is lifted are hereby VACATED. CASE STAYED. (Zignago, K.)

1 WILKE, FLEURY, HOFFELT, GOULD & BIRNEY, LLP
GEORGE A. GUTHRIE (SBN 201263)
2 [e-mail]
DANIEL J. FOSTER (SBN 238012)
3 [e-mail]
400 Capitol Mall, Twenty-Second Floor
4 Sacramento, California 95814
5 Telephone:
[phone]
Facsimile:
[phone]
6
Attorneys for HOBLIT MOTORS, INC. dba
7 COLUSA COUNTY AUTO MART (erroneously
sued and served as HOBLIT MOTORS, INC.
8 DBA COLUSA AUTO MART, INC.); HOBLIT
ENTERPRISES, INC. (erroneously sued and
9 served as a dba of HOBLIT MOTORS, INC.);
HOBLIT INVESTMENT PARTNERS
10 (erroneously sued and served as a dba of
HOBLIT MOTORS, INC.); and HOBLIT
11 CHRYSLER JEEP DODGE (erroneously sued
and served as HOBLIT DODGE CHRYSLER
12 JEEP)
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION

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16 ARGONAUT-MIDWEST INS. CO., a Texas
corporation,
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Plaintiff,
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v.
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HOBLIT MOTORS, INC. DBA HOBLIT
20 ENTERPRISES, INC. DBA COLUSA AUTO
MART, INC. DBA HOBLIT INVESTMENT
21 PARTNERS; HOBLIT DODGE CHRYSLER
JEEP; AMBER KESTERSON, individually
22 and as guardian ad litem for AK, GK and JK;
TONY KESTERSON; STEVEN
23 KESTERSON; and DOES 1-10, inclusive,
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Case No. 2:14-cv-01012-WBS-CKD
JOINT STIPULATION AND [PROPOSED]
ORDER TO STAY CASE UNTIL JUNE 1,
2015

Defendants.

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STIPULATION
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A.

On November 26, 2012, AMBER KESTERSON, individually and as guardian ad litem

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for AK, GK and JK; TONY KESTERSON; and STEVEN KESTERSON filed a lawsuit against
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W ILK E , F LEURY ,
H O FFELT , G O ULD &
B IRNEY , LLP
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1201180.1

-1JOINT STIPULATION AND [PROPOSED] ORDER TO STAY CASE UNTIL JUNE 1, 2015

1 numerous Defendants including HOBLIT MOTORS; HOBLIT ENTERPRISES, INC.; and HOBLIT
2 INVESTMENT PARTNERS; in the Colusa County Superior Court, Case Number CV 23933 (the
3 “Underlying Action”).
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B.

On April 24, 2014, Plaintiff ARGONAUT-MIDWEST INS. CO. (“ARGONAUT”)

5 filed a Complaint for Declaratory Relief in this Court seeking declarations (1) that none of the
6 Defendants is, or at any time was, entitled to a defense under an ARGONAUT policy of insurance; (2)
7 that none of the Defendants is, or at any time was, entitled to indemnity under an ARGONAUT policy
8 of insurance; and (3) for reimbursement of all defense costs and fees incurred by ARGONAUT in
9 connection with the Underlying Action.
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C.

The Underlying Action is currently being litigated in the Colusa County Superior Court

11 with a trial scheduled to commence on April 14, 2015.
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D.

The Parties to the instant action believe that a stay of this coverage action is appropriate

13 pending resolution of the Underlying Action based upon, among other things, what the Parties believe
14 to be an overlap in factual issues in the Underlying Action and this coverage action.
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THEREFORE, IT IS HEREBY STIPULATED by ARGONAUT-MIDWEST INS. CO.;

16 HOBLIT MOTORS, INC. dba COLUSA COUNTY AUTO MART (erroneously sued and served as
17 HOBLIT MOTORS, INC. DBA COLUSA AUTO MART, INC.); HOBLIT ENTERPRISES, INC.
18 (erroneously sued and served as a dba of HOBLIT MOTORS, INC.); HOBLIT INVESTMENT
19 PARTNERS (erroneously sued and served as a dba of HOBLIT MOTORS, INC.); and HOBLIT
20 CHRYSLER JEEP DODGE (erroneously sued and served as HOBLIT DODGE CHRYSLER JEEP);
21 AMBER KESTERSON, individually and as guardian ad litem for AK, GK and JK; TONY
22 KESTERSON; and STEVEN KESTERSON, as follows:
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1.

All claims and proceedings in this coverage action, including initial disclosures, should

24 be stayed until June 1, 2015, starting on February 2, 2015.
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2.

This Stipulation is made without prejudice to either party’s rights, including the right to

26 move the Court for an additional stay of this action.
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3.

By entering into this Stipulation, none of the Parties waive any defenses, rights, or

28 privileges.
W ILK E , F LEURY ,
H O FFELT , G O ULD &
B IRNEY , LLP
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1201180.1

-2JOINT STIPULATION AND [PROPOSED] ORDER TO STAY CASE UNTIL JUNE 1, 2015

1 IT IS SO STIPULATED.
2
3 DATED: February 2, 2015
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WILKE, FLEURY, HOFFELT,
GOULD & BIRNEY, LLP

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6

By:

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DANIEL J. FOSTER
Attorneys for HOBLIT MOTORS, INC. dba
COLUSA COUNTY AUTO MART (erroneously
sued and served as HOBLIT MOTORS, INC.
DBA COLUSA AUTO MART, INC.); HOBLIT
ENTERPRISES, INC. (erroneously sued and
served as a dba of HOBLIT MOTORS, INC.);
HOBLIT INVESTMENT PARTNERS
(erroneously sued and served as a dba of HOBLIT
MOTORS, INC.); and HOBLIT CHRYSLER
JEEP DODGE (erroneously sued and served as
HOBLIT DODGE CHRYSLER JEEP)

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/s/

DATED: February ___, 2015

LAW OFFICE OF MICHAEL J. TREZZA

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By:

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/s/
MICHAEL J. TREZZA
Attorneys for THE KESTERSONS

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19 DATED: February ___, 2015

HINSHAW & CULBERTSON LLP

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By:

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/s/
RAY TAMADDON
Attorneys for ARGONAUT-MIDWEST INS. CO.

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W ILK E , F LEURY ,
H O FFELT , G O ULD &
B IRNEY , LLP
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SACRA ME NTO

1201180.1

-3JOINT STIPULATION AND [PROPOSED] ORDER TO STAY CASE UNTIL JUNE 1, 2015

1

ORDER

2

Pursuant to the stipulation of the Parties:

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1.

This action and all proceedings and claims thereto, including initial disclosures, are

4 hereby stayed until June 1, 2015, starting February 2, 2015.
5

2.

All applicable time periods and deadlines from the date of the start of the stay to the

6 time when the stay is lifted are hereby vacated.
7

IT IS SO ORDERED.

8 Dated: February 9, 2015
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W ILK E , F LEURY ,
H O FFELT , G O ULD &
B IRNEY , LLP
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SACRA ME NTO

1201180.1

-4JOINT STIPULATION AND [PROPOSED] ORDER TO STAY CASE UNTIL JUNE 1, 2015