Utica Mutual Insurance Company v. Hamilton Supply Company Incorporated

Filing 63

ORDER adjusting trial schedule. Signed by Judge Illston on 10/3/08. (ts, COURT STAFF) (Filed on 10/7/2008)

Case 3:06-cv-07846-SI

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Gary R. Selvin, State Bar No.: 112030 SELVIN WRAITH HALMAN LLP 505 14th Street, Suite 1200 Oakland, CA 94612 Telephone: [phone] Facs imile: [phone] E-mail: [e-mail] Attorneys for Plaintiff and Counter Defendant UTICA Mutual Insurance Company

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA - SAN FRANCISCO UTICA MUTUAL INSURANCE COMPANY, Plaintiff, v. HAMILTON SUPPLY COMPANY INCORPORATED, a California corporation, Defendant; LIBERTY MUTUAL INSURANCE COMPANY, CASE NO.: 3:06-cv-07846-SI UTICA MUTUAL INSURANCE COMPANY'S AND LIBERTY MUTUAL INSURANCE COMPANY'S STIPULATION TO STAY ACTION Complaint Filed: December 22, 2006 Trial Date: December 15, 2008 Assigned For All Purposes: Hon. Susan Illston Referred to Chief Magistrate Judge James Larson for Settlement.

Defendant-in-Intervention, 19 LIBERTY MUTUAL INSURANCE COMPANY,
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Counter Claimant, v.

UTICA MUTUAL INSURANCE 23 COMPANY, ET AL., Counter Defendant. 24
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UTICA'S AND LIBERTY'S STIPULATION TO STAY ACTION & [PROPOSED] ORDER CASE NO.: 3:06-cv-07846-SI

Plaintiff and Counter Defendant UTICA MUTUAL INSURANCE COMPANY and Defendant-in-Intervention and Counter Claimant LIBERTY MUTUAL INSURANCE COMPANY, by and through their attorneys of record:
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Whereas UTICA MUTUAL INSURANCE COMPANY and LIBERTY MUTUAL INSURANCE COMPANY each issued comprehensive general liability insurance policies to HAMILTON SUPPLY COMPANY; and

Whereas various plaintiffs have filed lawsuits against HAMILTON SUPPLY COMPANY for injuries sustained as a result of exposure to asbestos; and

Whereas UTICA MUTUAL and LIBERTY MUTUAL have been defending HAMILTON SUPPLY under a cost sharing agreement with other insurers; and

Whereas UTICA MUTUAL filed this action against HAMILTON SUPPLY seeking reformation and declaratory relief; and

Whereas UTICA MUTUAL asserted that HAMILTON SUPPLY had misrepresented its asbestos exposures when it sought to purchase the policy from UTIC A MUTUAL; and

Whereas UTICA MUTUAL asserted that HAMILTON SUPPLY failed to cooperate in the defense of the various asbestos lawsuits filed against it; and

Whereas HAMILTON SUPPLY did not file a responsive pleading, but LIBERTY MUTUAL intervened in the lawsuit and filed a counterclaim; and

Whereas all of the underlying asbestos cases have settled except one, and

Whereas the parties believe it would be in the interest of justice and in the interest of judicial economy to stay this action, to avoid the expense and time of discovery and litigation, and to enable the parties to determine whether the issues
UTICA'S AND LIBERTY'S STIPULATION TO STAY ACTION & [PROPOSED] ORDER CASE NO.: 3:06-cv-07846-SI

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Gary R. Selvin, State Bar No.: 112030 SELVIN WRAITH HALMAN LLP 505 14th Street, Suite 1200 Oakland, CA 94612 Telephone: [phone] Facs imile: [phone] E-mail: [e-mail] Attorneys for Plaintiff and Counter Defendant UTICA Mutual Insurance Company

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA - SAN FRANCISCO DIVISION UTICA MUTUAL INSURANCE COMPANY, Plaintiff, v. HAMILTON SUPPLY COMPANY INCORPORATED, a California corporation, Defendant; LIBERTY MUTUAL INSURANCE COMPANY, CASE NO.: 3:06-cv-07846-SI [PROPOSED] ORDER GRANTING UTICA MUTUAL INSURANCE COMPANY'S AND LIBERTY MUTUAL INSURANCE COMPANY'S STIPULATION TO STAY ACTION Complaint Filed: December 22, 2006 Trial Date: December 15, 2008 Assigned For All Purposes: Hon. Susan Illston Referred to Chief Magistrate Judge James Larson for Settlement.

Defendant-in-Intervention, 20 LIBERTY MUTUAL INSURANCE COMPANY,
21 22 23

Counter Claimant, v.

UTICA MUTUAL INSURANCE 24 COMPANY, ET AL., Counter Defendant. 25
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UTICA'S AND LIBERTY'S STIPULATION TO STAY ACTION & [PROPOSED] ORDER CASE NO.: 3:06-cv-07846-SI

Based on the parties UTICA MUTUAL INSURANCE COMPANY'S and LIBERTY MUTUAL INSURANCE COMPANY'S Stipulation to Stay Action;
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IT IS SO ORDERED. This action is stayed until April 1, 2009. Trial is
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Dated:

_________ ______ ______ ______ Judge Susan Illston United States District Court Judge

UTICA'S AND LIBERTY'S STIPULATION TO STAY ACTION & [PROPOSED] ORDER CASE NO.: 3:06-cv-07846-SI

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Re: Court: Action No.

UTICA Mutual Insurance v. Hamilton Supply Company, Inc. Northern District of California - San Francisco 3:06-CV-07846-SI PROOF OF SERVICE

I declare that I am over the age of 18, am not a party to the above-entitled action, and am an emplo yee of Selvin Wraith Halman LLP whose business address is 505 14th Street, Suite 1200, Oakland, Alameda County, California 94612. On October 2, 2008, I served the following document(s):

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UTICA MUTUAL INSURANCE COMPANY'S AND LIBERTY MUTUAL INSURANCE COMPANY'S STIPULATION TO STAY ACTION; [PROPOSED] ORDER GRANTING UTICA MUTUAL INSURANCE COMPANY'S AND LIBERTY MUTUAL INSURANCE COMPANY'S STIPULATION TO STAY ACTION
By ELECTRONIC FILE TRANSFER TO ECF FILE & SERVE: By transmitting a true copy the document(s) listed above for service on all parties in this case pursuant to applicable statutes, local rules and/or order of this Court. Mr. Kevin G. McCurdy McCurdy & Fuller LLP 1080 Marsh Road, Suite 110 Menlo Park, CA 94025-1022 Telephone No.: [phone] Fax No.: [phone] Email: [e-mail] Attorneys for Defendant-in-Intervention: Liberty Mutual Insurance Company

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Dated: October 2, 2008 /s/ Marisa Shelby Marisa D. Shelby

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Case No.: 3:06-CV-07846-SI