Landmark American Insurance Company v. Liberty Surplus Insurance Corporation

Filing 14

STIPULATION AND ORDER signed by District Judge Kimberly J. Mueller on 6/7/2017 GRANTING the plaintiff leave to file a First Amended Complaint; GRANTING Liberty Surplus Insurance Corporation leave to file a Crossclaim against QBE Specialty Insurance C ompany after the plaintiff files its First Amended Complaint; DEEMING the defendant's Answer responsive to the First Amended Complaint; CONTINUING the Status Conference to 8/3/2017 at 02:30 PM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. (Michel, G.)

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Susan J. Gill, Bar No. 131890
Julie Rhoades, Bar No. 138027
GILL & RHOADES LLP
1660 Union Street, Suite 401
San Diego, CA 92101
Tel: [phone] Ext.301
Fax: [phone]
[e-mail]

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Attorneys for Plaintiff, LANDMARK AMERICAN INSURANCE COMPANY

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David H. Waters, State Bar No. 078512
B. Natalie Vu, State Bar No. 273219
BURNHAM BROWN
A Professional Law Corporation
1901 Harrison Street, 14th Floor
Oakland, California 94612
Telephone:
[phone]
Facsimile:
[phone]
Email: [e-mail]
[e-mail]
Attorneys for Defendant
LIBERTY SURPLUS INSURANCE CORPORATION

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UNITED STATE DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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LANDMARK AMERICAN INSURANCE
COMPANY, an Oklahoma Corporation

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CASE NO. 2:17-cv-00061-KJM-KJN
STIPULATION TO ALLOW LANDMARK
AMERICAN INSURANCE COMPANY TO
FILE FIRST AMENDED COMPLAINT,
AND FOR LIBERTY SURPLUS TO FILE A
CROSSCLAIM AND TO CONTINUE
STATUS CONFERENCE CURRENTLY
SCHEDULED FOR JUNE 8, 2017

Plaintiff,
v.
LIBERTY SURPLUS INSURANCE
CORPORATION, a New Hampshire
corporation and DOES 1 through 50,Inclusive,
Defendants.

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Date: June 8, 2017
Time: 2:30 PM
Location: Courtroom 3
Judge: Hon. Kimberly Mueller

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Joint Stipulation and Order to File First Amended Complaint

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Plaintiff Landmark American Insurance Company (“Landmark”) and defendant Liberty
Surplus Insurance Corporation (“Liberty”) submit the following Joint Stipulation and request
that: the Court grant leave for Plaintiff to file a First Amended Complaint pursuant to FRCP

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15(a) (2) and for Liberty to file a crossclaim pursuant to FRCP 13 (g):

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1. Landmark filed its Complaint against Liberty on January 10, 2017.
2. Liberty filed and served its answer on 3/3/17.
3. Additional facts and documents have come to light which now implicate policies
issued by QBE Specialty Insurance Company (“QBE”) to River City Caulking, the
mutual insured of Landmark, Liberty and QBE.
4. Landmark seeks to name QBE as a defendant in this matter, and seeks recovery under
theories of contribution, equitable indemnity and declaratory relief.
5. Liberty seeks to file a crossclaim against QBE.
6. Liberty and Landmark have met and conferred and have agreed regarding the addition
of QBE as a party to this litigation and the requested continuation of the June 8, 2017
Status Conference.
7. Liberty and Landmark agree and stipulate that Liberty’s Answer filed on 3/3/17 is
responsive to Landmark’s First Amended Complaint and that Liberty will not be
required to file a further responsive pleading.
8. Landmark and Liberty seek to continue the Status Conference set for June 8, 2017 at
2:30 p.m. Good cause exists because QBE as a new party will not have been served
much less answered by that date.
9. The Parties request that the Status Conference currently scheduled for June 8, 2017 be
continued until sometime at the court’s convenience, after June 23, 2017 as counsel
for Liberty will be out of the country and QBE will not have answered the First
Amended Complaint or the crossclaim by June 23, 2017.

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Joint Stipulation and Order to File First Amended Complaint

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NOW THEREFORE, the parties hereby stipulate and request that the Court grant

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Plaintiff leave to file a First Amended Complaint in this action, a true and correct

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copy of which is attached as Exhibit A hereto, and for Liberty to promptly file its
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crossclaim against QBE after Plaintiff’s First Amended Complaint has been filed.

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IT IS SO STIPULATED:
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Date: June 1, 2017

GILL & RHOADES LLP

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By: /s/ Julie Rhoades
Susan J. Gill
Julie Rhoades
Attorneys for Plaintiff
Landmark American Insurance Company

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Date: June 1, 2017

BURNHAM BROWN

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By: /s/ David H. Waters
David H. Waters
Attorney for Defendant
Liberty Surplus Insurance Company

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ORDER
Good cause appearing therefore, IT IS HEREBY ORDERED that Plaintiff is granted
leave to file the First Amended Complaint, which attached hereto as Exhibit A.

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Good cause appearing therefore, IT IS HERBY FURTHER ORDERED that Liberty is

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granted leave to file a crossclaim against QBE promptly after Plaintiff files its First Amended

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Complaint.

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Good cause appearing, Liberty’s Answer to Landmark’s Complaint is deemed responsive

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to Landmark’s First Amended Complaint and therefore, Liberty is not required to file an Answer

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to Landmark’s First Amended Complaint.

Joint Stipulation and Order to File First Amended Complaint

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It is further ordered that the Status Conference Scheduled for June 8, 2017 at 2:30 p.m. in

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Courtroom 3 is continued until August 3, 2017 at 2:30p.m. in Courtroom 3.

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Dated: June 7, 2017.

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UNITED STATES DISTRICT JUDGE

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Joint Stipulation and Order to File First Amended Complaint

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