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)

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: [phone]; Fax: [phone]
Emails:
[e-mail];[e-mail]
[e-mail]; [e-mail]
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: [phone]; Fax: [phone]
Email:
[e-mail]
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.