Lexington Insurance Company v. Energetic Lath & Plaster, Inc. et al

Filing 106

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 3/29/2016 ORDERING AIG Claims, Inc. DISMISSED with prejudice and without costs to either party. (Zignago, K.)

1 ANDREW D. HEROLD, ESQ., SBN 178640
JOSHUA A. ZLOTLOW, ESQ., SBN 211399
2 HEROLD & SAGER
550 Second Street, Suite 200
3
Encinitas, CA 92024
4 Telephone: [phone]
Facsimile: [phone]
5 [e-mail]
[e-mail]
6
7 Attorneys for LEXINGTON INSURANCE COMPANY and
AIG CLAIMS, INC. f/k/a CHARTIS CLAIMS, INC.
8
9

UNITED STATES DISTRICT COURT

10

EASTERN DISTRICT OF CALIFORNIA

11 LEXINGTON INSURANCE COMPANY, a
Delaware Corporation,
12
Plaintiff,
13
vs.
14
ENERGETIC LATH & PLASTER, INC., a
15 California Corporation; ENERGETIC
PAINTING AND DRYWALL, INC., a
16 California Corporation; ROBERT CIMINI, an
individual; GAIL CIMINI, an individual; and
17 DOES 1 through 20, inclusive,
18

CASE NO.:

2:15-CV-00861-KJM-EFB

STIPULATION TO DIMISS AIG
CLAIMS, INC.

Date Action Filed:

April 21, 2015

Defendants.

19 ROBERT CIMINI, an individual; GAIL
CIMINI, an individual, individually and as
20 judicial assignees of ENERGETIC LATH &
21 PLASTER, INC., a California Corporation;
ENERGETIC PAINTING AND DRYWALL,
22 INC., a California Corporation,
23

Counter and Third Party Plaintiffs

24 vs.
LEXINGTON INSURANCE COMPANY, a
25 Delaware Corporation, AIG CLAIMS, Inc.
26 f/k/a Chartis Claims, Inc., a Delaware
Corporation, DOES I through XXX,
27 ABC CORPORATIONS A-Z
28

Counter and Third Party Defendants.
1
STIPULATION TO DISMISS AIG CLAIMS, INC.

2:15-CV-00861-KJM-EFB

Third-Party Plaintiffs ROBERT CIMINI and GAIL CIMINI, individually and as judicial

1

2 assignees of ENERGETIC LATH & PLASTER, INC., a California Corporation and ENERGETIC
3 PAINTING AND DRYWALL, INC., a California Corporation (“THE CIMINIS”) and Third-Party
4 Defendant AIG CLAIMS, INC. f/k/a CHARTIS CLAIMS, INC., (“AIG CLAIMS”) hereby submit
5 the following Stipulation to Dismiss AIG CLAIMS in the above-captioned action.
1.

6

At all times relevant to this action, AIG CLAIMS was acting as the duly authorized
claim handling agent of Lexington Insurance Company (“LEXINGTON”).

7
2.

8

At all times relevant to this action, AIG CLAIMS was acting within the scope of its
authority as claim handling agent of LEXINGTON.

9
3.

10

LEXINGTON adopts and ratifies as its own, where applicable, all actions taken by

11

AIG CLAIMS in the investigation and handling of the underlying claims against

12

Energetic Lath & Plaster, Inc. and Energetic Painting and Drywall, Inc. (collectively,

13

“ENERGETIC”).
4.

14

All actions by AIG CLAIMS relative to the investigation and handling of the

15

underlying claims against ENERGETIC are deemed to be the actions of

16

LEXINGTON, where applicable.
5.

17

Subject to and without waiving any other objections, LEXINGTON agrees to produce

18

the appropriate percipient witnesses from AIG CLAIMS without the need to

19

subpoena those witnesses if they are still employees of AIG CLAIMS, and if they are

20

not, LEXINGTON agrees to produce their last known addresses.
6.

21

Subject to and without waiving any objections, LEXINGTON agrees to produce a

22

FRCP 30(b)(6) witness for AIG CLAIMS without the need to subpoena AIG

23

CLAIMS.
7.

24

Subject to and without waiving any other objections, LEXINGTON agrees that to the

25

extent that any documents are requested from LEXINGTON pursuant to FRCP 34

26

that are documents that would be subject to any document production request directed

27

to AIG CLAIMS, LEXINGTON agrees to produce such documents.

28 ///
2
STIPULATION TO DISMISS AIG CLAIMS, INC.

2:15-CV-00861-KJM-EFB

1

8.

It is also stipulated that LEXINGTON does not waive any defenses to any of the

2

claims currently asserted against it or AIG CLAIMS or any claims that may be

3

alleged in the future, including but not limited to allegations of its liability for the

4

alleged acts and omissions of counsel assigned to represent ENERGETIC or that said

5

counsel was acting in any capacity other than as counsel for ENERGETIC. It is

6

agreed that this stipulation does not constitute a waiver of any such claims by THE

7

CIMINIS.

8
9

9.

In light of the foregoing, AIG CLAIMS should be dismissed from this case with
prejudice and without costs to either party.

10 DATED: March 23, 2016

HEROLD & SAGER

11
By:

16

/s/ Joshua A. Zlotlow
ANDREW D. HEROLD, ESQ.
[e-mail]
JOSHUA A. ZLOTLOW, ESQ.
[e-mail]
Attorneys for LEXINGTON INSURANCE
COMPANY and AIG CLAIMS, INC. f/k/a
CHARTIS CLAIMS, INC.

17 DATED: March 23, 2016

LEVERTY & ASSOCIATES LAW, CHTD.

12
13
14
15

18
19

By:

20
21
22
23

/s/ William R. Ginn
VERNON E. LEVERTY, ESQ.
[e-mail]
PATRICK R. LEVERTY, ESQ.
[e-mail]
WILLIAM R. GINN, ESQ.
[e-mail]
Attorneys for ROBERT AND GAIL CIMINI

24
25

IT IS SO ORDERED.

26 DATED: March 29, 2016
27
UNITED STATES DISTRICT JUDGE

28
3
STIPULATION TO DISMISS AIG CLAIMS, INC.

2:15-CV-00861-KJM-EFB