Allstate Insurance Company v. Barnett et al

Filing 178

STIPULATION AND PARTIAL JUDGMENT re 177 Proposed Order filed by Allstate Insurance Company. Signed by Judge Edward M. Chen on 11/23/11. (bpf, COURT STAFF) (Filed on 11/23/2011)

Download PDF
1 2 3 4 5 6 7 8 9 10 11 12 13 MICHAEL BARNES (State Bar No. 121314) SONIA MARTIN (State Bar No. 191148) JONE TRAN (State Bar No. 239311) ASLAN BANANZADEH (State Bar No. 262608) SNR DENTON US LLP 2121 N. California Blvd., Suite 800 Walnut Creek, CA 94596 Tel: (925) 949-2600; Fax: (925) 949-2610 Emails:;; Attorneys for Plaintiff and Counterdefendant ALLSTATE INSURANCE COMPANY RANDY S. PERLMAN (State Bar No. 137862) BRAGG, PERLMAN, RUSS, STUNICH & EADS LLP 1036 Fifth St., Ste. E P.O. Box 1248 Eureka, California 95502-1248 Tel: (707) 442-2927; Fax: (707) 443-2747 Email: Attorney for Defendant and Counterclaimant\ RICHARD BARNETT UNITED STATES DISTRICT COURT 14 NORTHERN DISTRICT OF CALIFORNIA 15 SAN FRANCISCO DIVISION 16 17 18 19 20 ALLSTATE INSURANCE COMPANY, an Illinois Corporation, Case No. C 10-00077 EMC Plaintiff, STIPULATION FOR ENTRY OF PARTIAL JUDGMENT AS TO PHASE ONE OF TRIAL (COVERAGE) vs. 21 22 and RICHARD BARNETT and MARIO ALEXANDER, Defendants. 23 [PROPOSED] PARTIAL JUDGMENT RELATED COUNTERCLAIM. 24 25 26 STIPULATION The remaining parties to this action, by and through their respective counsel of record, 27 hereby stipulate and agree as follows pursuant to Federal Rule of Civil Procedure 54(b), and 28 respectfully request that the Court approve and give effect to their stipulation: CASE NO. C 10 00077 EMC -1- STIP. FOR ENTRY OF PARTIAL JDGMT. AS TO PHASE ONE AND [PROPOSED] JDGMT. 1 WHEREAS, the first phase of trial in this matter (scheduled for December 12, 2011) 2 would determine whether plaintiff Allstate Insurance Company had a duty to defend or 3 indemnify defendant Richard Barnett in the case captioned Alexander v. Barnett, Humboldt 4 County (California) Superior Court, Case No. DR090825 (“the Underlying Action”); and 5 WHEREAS, the Court has deferred all other issues in this matter, including (1) whether 6 Allstate is entitled to reimbursement of its defense costs pursuant to Buss v. Superior Court, 16 7 Cal. 4th 35 (1997), (2) whether Allstate is entitled to reimbursement of its settlement payment 8 on Mr. Barnett’s behalf in the Underlying Action pursuant to Blue Ridge Insurance Co. v. 9 Jacobsen, 25 Cal. 4th 489 (2001), and (3) Mr. Barnett’s remaining counterclaims for bad faith 10 11 12 13 and related claims; and WHEREAS, the parties wish to narrow the remaining disputed issues in this matter in the interests of judicial economy; NOW, THEREFORE, THE PARTIES STIPULATE AND AGREE THAT partial 14 judgment should be entered against Mr. Barnett as to the first phase of trial only, declaring that 15 Allstate’s Deluxe Homeowners Policy number 0 27 541527 did not cover the costs of defending 16 or indemnifying him in the Underlying Action. The parties further request that the Court vacate 17 the upcoming trial and schedule a case management conference to address the further handling 18 of this matter. 19 FILER’S ATTESTATION: 20 Pursuant to General Order No. 45, section X(B) regarding signatures, I attest under penalty 21 of perjury that the concurrence in the filing of this document has been obtained from its 22 signatories. 23 Dated: November 23, 2011 24 By __________/s/ Aslan Bananzadeh________ Aslan Bananzadeh 25 26 27 28 CASE NO. C 10 00077 EMC -2- STIP. FOR ENTRY OF PARTIAL JDGMT. AS TO PHASE ONE AND [PROPOSED] JDGMT. 1 2 Respectfully submitted, Dated: November 23, 2011 SNR DENTON US LLP 3 4 By __________/s/ MICHAEL BARNES_______ MICHAEL BARNES 5 Attorneys for Plaintiff and Counterdefendant ALLSTATE INSURANCE COMPANY 6 7 8 Dated: November 23, 2011 BRAGG, PERLMAN, RUSS, STUNICH & EADS LLP 9 10 11 By __________/s/ RANDY PERLMAN________ RANDY PERLMAN 12 Attorneys for Defendant and Counterclaimant RICHARD BARNETT 13 14 15 PARTIAL JUDGMENT 16 In view of the parties’ foregoing stipulation, and good cause appearing therefor, 17 IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT plaintiff Allstate 18 Insurance Company had no obligation under its Deluxe Homeowners Policy number 0 27 19 541527 to defend or indemnify Richard Barnett in the action styled Alexander v. Barnett, 20 Humboldt County (California) Superior Court, Case No. DR090825. All other issues, including 21 but not limited to the parties’ entitlement to legal fees and costs, shall be determined by further 22 proceedings herein. A CMC is set for 12/16/11 at 10:30 a.m. IT I DIFIED AS MO ward M udge Ed RT 28 J ER H CASE NO. C 10 00077 EMC -3- . Chen FO 27 LI 26 R NIA THE HONORABLE EDWARD M. CHEN RED United States District Judge E O ORD SS A 25 UNIT ED 11/23/11 RT U O Dated: S DISTRICT TE C TA NO 24 S 23 C STIP. N ENTRY OF PARTIAL JDGMT. FOR F D I AND I C T O AS TO PHASE ONES T R[PROPOSED] JDGMT.

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?