Jardine v. Maryland Casualty Company
Filing
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STIPULATION AND ORDER Withdrawing Third Cause of Action for Statutory Violation of Unfair Insurance Practices Act in C-10-3335-SC and C-10-3336-SC. Signed by Judge Samuel Conti on 9/13/11. (tdm, COURT STAFF) (Filed on 9/13/2011)
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Brandt L. Wolkin, Esq.,
SBN 112220
Dawn A. Silberstein, Esq., SBN 167936
Wolkin · Curran, LLP
555 Montgomery Street, Suite 1100
San Francisco, California 94111
Telephone: (415) 982-9390
Facsimile:
(415) 982-4328
Attorneys for Defendant
EMPLOYERS FIRE INSURANCE COMPANY
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA -
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SAN FRANCISCO DIVISION
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JAMES JARDINE, an individual,
Plaintiff,
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v.
Case No. 3:10-cv-03318 SC,
consolidated with
Case No. 3:10-cv-03319 SC;
Case No. 3:10-cv-03335 SC and
Case No. 3:10-cv-03336 SC
MARYLAND CASUALTY COMPANY, a
corporation, and DOES 1 thorough 50,
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Defendants.
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JAMES JARDINE, an individual,
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Case No. 3:10-cv-03335 SC; and
Case No. 3:10-cv-03336 SC
Plaintiff,
v.
EMPLOYERS FIRE INSURANCE
COMPANY, a corporation, and DOES 1
thorough 50,
Defendants.
STIPULATION WITHDRAWING
PLAINTIFF’S THIRD CAUSEOF
ACTION FOR STATUTORY
VIOLATION OF UNFAIR
INSURANCE PRACTICES ACT;
[Proposed] ORDER APPROVING
STIPULATION
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IT IS HEREBY STIPULATED by and between plaintiff, JAMES JARDINE
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(“Jardine”), and defendant EMPLOYERS FIRE INSURANCE COMPANY (“Employers”),
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by and through their attorneys of record that, under the holding of the California Supreme
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Court in Moradi-Shalal v. Fireman’s Fund, 46 Cal.3d 287 (1988), no private right of action
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STIPULATION AND [PROPOSED] ORDER WITHDRAWING
THIRD CAUSE OF ACTION
CASE 3:10-CV-03335 SC; AND
CASE 3:10-CV-03336 SC
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exists under the Unfair Insurance Practices Act. In accordance with Federal Rules of Civil
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Procedure 11 and 12, plaintiff Jardine agrees to withdraw his third cause of action for
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violation of Unfair Insurance Practices Act alleged in both Case No. 3:10-cv-03335 SC; and
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the consolidated action, Case No. 3:10-cv-03336 SC..
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IT IS SO STIPULATED.
Dated: September 13, 2011
SCHENONE & PECK
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/s/ Ronald G. Peck
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By:
Ronald G. Peck
Attorney for Plaintiff
JAMES JARDINE
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Dated: September 13, 2011
WOLKIN • CURRAN, LLP
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/s/ Dawn A. Silberstein
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By:
Brandt L. Wolkin
Dawn A. Silberstein
Attorneys for defendant
EMPLOYERS FIRE INSURANCE
COMPANY
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STIPULATION AND [PROPOSED] ORDER WITHDRAWING
THIRD CAUSE OF ACTION
CASE 3:10-CV-03335 SC; AND
CASE 3:10-CV-03336 SC
[PROPOSED] ORDER
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PURSUANT TO THE PARTIES’ STIPULATION, the Court finds good cause to
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grant plaintiff’s request to withdraw his Third Causes of Action for Violation of the Unfair
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Insurance Practices Act alleged in both Case No. 3:10-cv-03335 SC; and the consolidated
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action, Case No. 3:10-cv-03336 SC. The Third Cause of Action shall be deemed withdrawn
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and no further pleading shall be required by plaintiff. Defendant, Employers, may allege
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this stipulation and order withdrawing the Third Cause of Action in its answer to Plaintiff’s
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First Amended (and Supplemental) Complaint for fraud, breach of the implied covenant of
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good faith and fair dealing, violation of fair claims settlement practices act, and complaint
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by judgment creditor against liability insurer on judgment filed in Case No. 3:10-cv-03336
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SC.
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IT IS SO ORDERED.
UNIT
ED
9/13/11
ERED
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H
ER
LI
RT
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FO
NO
R NIA
O ORD
_______________________
IT IS S
The Honorable Samuel Conti
o ti
amuel C
United StatesgDistrict nJudge
Jud e S
Dated: __________________
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S DISTRICT
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TA
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D IS T IC T O
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3.
STIPULATION AND [PROPOSED] ORDER WITHDRAWING
THIRD CAUSE OF ACTION
CASE 3:10-CV-03335 SC; AND
CASE 3:10-CV-03336 SC
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DECLARATION OF SERVICE
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I, Angela Lee Rojas, declare as follows:
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I am a citizen of the United States, over the age of eighteen years and not a party to
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the within entitled action. I am employed at Wolkin · Curran, LLP, 555 Montgomery Street,
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Suite 1100, San Francisco, California 94111.
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On 13 September 2011 I served the attached document, STIPULATION
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WITHDRAWING PLAINTIFF’S THIRD CAUSE OF ACTION FOR STATUTORY
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VIOLATION OF UNFAIR INSURANCE PRACTICES ACT; [Proposed] ORDER
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APPROVING STIPULATION, on the interested parties in said action, by placing a true
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copy thereof in a sealed envelope(s) or package(s), with delivery fees or postage fully
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prepaid, addressed as follows:
Jonathan Gross, Esq.
Vivian Leung Lerche, Esq.
Bishop Barry Drath
Watergate Tower III
2000 Powell Street, Suite 1425
Emeryville, CA 94608
Tel: 510/596-0888
Fax: 510/596-0899
E-mail: jgross@bishop-barry.com
E-mail: vlerche@bishop-barry.com
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Counsel for Maryland Casualty Company
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and served the named document in the manner(s) indicated below:
X BY ELECTRONIC SERVICE: I transmitted true and correct copy(ies) of the above document(s)
by electronic service from: “arojas@wolkincurran.com” on 13 September 2011to the addressee(s)
listed above or on the attached service list on whom service is to be made at their respective e-mail
addresses as listed above or on the attached service list. A signed copy of this affidavit or certificate
of mailing accompanied the above named document(s).
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I declare under penalty of perjury under the laws of the State of California that the
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foregoing is true and correct and that I am employed in the office of a member of the bar of
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this court at whose direction the service was made. Executed 13 September 2011, at San
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Francisco, California.
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/s/ Angela Lee Rojas
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Angela Lee Rojas
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DECLARATION OF SERVICE
CASE NO. 3:10-C--03335 SC
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