Calabria Company LLC v. Philadelphia Indemnity Insurance Company

Filing 7

ORDER signed by District Judge Troy L. Nunley on 7/31/2014 ORDERING 6 That the disputes in this action will be submitted to arbitration pursuant to the terms of Part 6, Section XIV.B. of the Policy consistent with the Stipulation of the parties set forth above; and that this action will be and is hereby DISMISSED, without prejudice. CASE CLOSED (Reader, L)

1
2
3
4

GRECO TRAFICANTE SCHULZ & BRICK
PETER J. SCHULZ (State Bar No. 167646)
One America Plaza
600 West Broadway, Suite 960
San Diego, CA 92101
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

5
6
7
8
9
10
11
12

Attorneys for Plaintiff
CALABRIA COMPANY LLC
SEDGWICK LLP
BRIAN D. HARRISON (State Bar No. 157123)
333 Bush Street, 30th Floor
San Francisco, CA 94104-2834
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Defendant
PHILADELPHIA INDEMNITY INSURANCE COMPANY
UNITED STATES DISTRICT COURT

13

EASTERN DISTRICT OF CALIFORNIA

14

SACRAMENTO DIVISION

15
16

CALABRIA COMPANY LLC,

17
18
19
20
21

CASE NO. 2:14-CV-01788-TLN-CMK

Plaintiff,
v.
PHILADELPHIA INDEMNITY INSURANCE
COMPANY,

STIPULATION TO DISMISS THE
COMPLAINT AND COMPEL
ARBITRATION; AND ORDER TO
DISMISS THE ACTION AND TO
COMPEL COMPLIANCE WITH
INSURANCE POLICY’S MANDATORY
ARBITRATION PROVISION

Defendant.

22
23
24

(“Calabria”) and Defendant Philadelphia Indemnity Insurance Company (“Philadelphia”). By

25

and through their respective counsel of record, Calabria and Philadelphia have agreed to submit

26

the issues set forth in the complaint to binding arbitration pursuant to the terms of Part 6, Section

27

XIV.B. of Policy No.PHSD551900 issued to Calabria, effective August 11, 2010 to August 1,

28
19184860v1

This Stipulation is entered into by and among Plaintiff Calabria Company LLC

2011 (the “Policy”).
-1STIPULATION AND ORDER TO DISMISS ACTION AND COMPLY WITH POLICY’S MANDATORY
ARBITRATION PROVISION

1
2

THEREFORE, and based upon the foregoing, the parties hereto stipulate and agree as
follows:

3

1.

4

That the disputes in this action will be submitted to arbitration pursuant to the
terms of Part 6, Section XIV.B. of the Policy;

5

2.

6

The action was filed timely in compliance with the parties’ prior tolling
agreement; and

7

3.

8

That this action will be dismissed, without prejudice.

IT IS SO STIPULATED, AGREED, AND RESPECTFULLY REQUESTED.

9
10
DATED: July 29, 2014

GRECO TRAFICANTE SCHULZ & BRICK

11
By: /s/ Peter Schulz (as authorized on July 29, 2014)1
Peter J. Schulz
Attorneys for Plaintiff
CALABRIA COMPANY LLC

12
13
14
15

DATED: July 31, 2014

SEDGWICK LLP

16
By: /s/ Brian D. Harrison
Brian D. Harrison
Attorneys for Defendant
PHILADELPHIA INDEMNITY
INSURANCE COMPANY

17
18
19
20
21
22
23
24
25
26
27
28
19184860v1

1

Per L.R. 131(e), counsel for Plaintiff Calabria has authorized submission of this document on
his behalf.
-2STIPULATION AND ORDER TO DISMISS ACTION AND COMPLY WITH POLICY’S MANDATORY
ARBITRATION PROVISION

1
2
3
4
5
6
7

ORDER
Pursuant to the parties’ above stipulation, and good cause appearing, IT IS HEREBY
ORDERED:
1.

That the disputes in this action will be submitted to arbitration pursuant to the

terms of Part 6, Section XIV.B. of the Policy consistent with the Stipulation of the parties set
forth above; and
2.

That this action will be and is hereby dismissed, without prejudice.

8
9

IT IS SO ORDERED.

10
11

Dated: July 31, 2014

12
13
14
15

Troy L. Nunley
United States District Judge

16
17
18
19
20
21
22
23
24
25
26
27
28
19184860v1

-3STIPULATION AND ORDER TO DISMISS ACTION AND COMPLY WITH POLICY’S MANDATORY
ARBITRATION PROVISION