Jardine v. Maryland Casualty Company

Filing 46

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)

Download PDF
1 2 3 4 5 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 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA - 10 SAN FRANCISCO DIVISION 11 JAMES JARDINE, an individual, Plaintiff, 12 13 14 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, 15 Defendants. 16 17 JAMES JARDINE, an individual, 18 19 20 21 22 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 23 24 25 IT IS HEREBY STIPULATED by and between plaintiff, JAMES JARDINE 26 (“Jardine”), and defendant EMPLOYERS FIRE INSURANCE COMPANY (“Employers”), 27 by and through their attorneys of record that, under the holding of the California Supreme 28 Court in Moradi-Shalal v. Fireman’s Fund, 46 Cal.3d 287 (1988), no private right of action 1. STIPULATION AND [PROPOSED] ORDER WITHDRAWING THIRD CAUSE OF ACTION CASE 3:10-CV-03335 SC; AND CASE 3:10-CV-03336 SC 1 exists under the Unfair Insurance Practices Act. In accordance with Federal Rules of Civil 2 Procedure 11 and 12, plaintiff Jardine agrees to withdraw his third cause of action for 3 violation of Unfair Insurance Practices Act alleged in both Case No. 3:10-cv-03335 SC; and 4 the consolidated action, Case No. 3:10-cv-03336 SC.. 5 6 IT IS SO STIPULATED. Dated: September 13, 2011 SCHENONE & PECK 7 /s/ Ronald G. Peck 8 By: Ronald G. Peck Attorney for Plaintiff JAMES JARDINE 9 10 11 Dated: September 13, 2011 WOLKIN • CURRAN, LLP 12 /s/ Dawn A. Silberstein 13 By: Brandt L. Wolkin Dawn A. Silberstein Attorneys for defendant EMPLOYERS FIRE INSURANCE COMPANY 14 15 16 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 2. STIPULATION AND [PROPOSED] ORDER WITHDRAWING THIRD CAUSE OF ACTION CASE 3:10-CV-03335 SC; AND CASE 3:10-CV-03336 SC [PROPOSED] ORDER 1 PURSUANT TO THE PARTIES’ STIPULATION, the Court finds good cause to 2 grant plaintiff’s request to withdraw his Third Causes of Action for Violation of the Unfair 3 Insurance Practices Act alleged in both Case No. 3:10-cv-03335 SC; and the consolidated 4 action, Case No. 3:10-cv-03336 SC. The Third Cause of Action shall be deemed withdrawn 5 and no further pleading shall be required by plaintiff. Defendant, Employers, may allege 6 this stipulation and order withdrawing the Third Cause of Action in its answer to Plaintiff’s 7 First Amended (and Supplemental) Complaint for fraud, breach of the implied covenant of 8 good faith and fair dealing, violation of fair claims settlement practices act, and complaint 9 by judgment creditor against liability insurer on judgment filed in Case No. 3:10-cv-03336 10 SC. 11 IT IS SO ORDERED. UNIT ED 9/13/11 ERED 14 H ER LI RT 15 FO NO R NIA O ORD _______________________ IT IS S The Honorable Samuel Conti o ti amuel C United StatesgDistrict nJudge Jud e S Dated: __________________ 16 A 13 S DISTRICT TE C TA RT U O S 12 N F D IS T IC T O R C 17 18 19 20 21 22 23 24 25 26 27 28 3. STIPULATION AND [PROPOSED] ORDER WITHDRAWING THIRD CAUSE OF ACTION CASE 3:10-CV-03335 SC; AND CASE 3:10-CV-03336 SC 1 DECLARATION OF SERVICE 2 I, Angela Lee Rojas, declare as follows: 3 I am a citizen of the United States, over the age of eighteen years and not a party to 4 the within entitled action. I am employed at Wolkin · Curran, LLP, 555 Montgomery Street, 5 Suite 1100, San Francisco, California 94111. 6 On 13 September 2011 I served the attached document, STIPULATION 7 WITHDRAWING PLAINTIFF’S THIRD CAUSE OF ACTION FOR STATUTORY 8 VIOLATION OF UNFAIR INSURANCE PRACTICES ACT; [Proposed] ORDER 9 APPROVING STIPULATION, on the interested parties in said action, by placing a true 10 copy thereof in a sealed envelope(s) or package(s), with delivery fees or postage fully 11 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 12 13 14 15 16 17 Counsel for Maryland Casualty Company 18 19 20 21 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). 22 I declare under penalty of perjury under the laws of the State of California that the 23 foregoing is true and correct and that I am employed in the office of a member of the bar of 24 this court at whose direction the service was made. Executed 13 September 2011, at San 25 Francisco, California. 26 /s/ Angela Lee Rojas 27 28 Angela Lee Rojas 1 DECLARATION OF SERVICE CASE NO. 3:10-C--03335 SC

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?