American Home Assurance Company v. State Farm Mutual Automobile Insurance Company

Filing 42

STIPULATION AND ORDER Continuing Case Management Conference. Case Management Statement due by 8/16/2013. Case Management Conference set for 8/23/2013 10:00 AM in Courtroom 1, 17th Floor, San Francisco. Signed by Judge Samuel Conti on 07/22/2013. (tmi, COURT STAFF) (Filed on 7/22/2013)

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Thomas R. Beer (148175)
Peter J. Felsenfeld (260433)
BARGER & WOLEN LLP
650 California Street, 9th Floor
San Francisco, California 94108-2713
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Plaintiff
AMERICAN HOME
ASSURANCE COMPANY
John T. Farmer, Esq. (089168)
FARMER CASE HACK & FEDOR
402 W. Broadway, Suite 1100
San Diego, CA 92101
Telephone:
[phone]
Fax:
[phone]
Attorneys for Defendant
STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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AMERICAN HOME ASSURANCE
COMPANY,

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Plaintiff,
vs.
STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY,
Defendant.

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CASE NO.: C 11-05387 JSC
STIPULATED EXTENSION OF DATE
FOR CASE MANAGEMENT
CONFERENCE FROM JULY 23, 2013 TO
AUGUST 23, 2013 & [PROPOSED]
ORDER

Complaint Filed: November 7, 2011
Judge: Hon. Samuel Conti
Dept.: 1

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BARGER & WOLEN LLP
650 CALIFORNIA STREET
NINTH FLOOR
SAN FRANCISCO, CA 94108
[phone]

STIPULATED EXTENSION OF DATE FOR CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER
CASE NO. : CV 11-05387 SC

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STIPULATED EXTENSION OF DATE FOR CASE MANAGEMENT CONFERENCE

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FROM JULY 23, 2013 TO AUGUST 23, 2013

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Plaintiff American Home Assurance Company (“American Home”) and Defendant State

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Farm Mutual Automobile Insurance Company (“State Farm”) (collectively the “Parties”), by and

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through the undersigned attorneys, hereby submit this STIPULATED EXTENSION OF DATE

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FOR CASE MANAGEMENT CONFERENCE & [PROPOSED] ORDER.

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On April 9, 2013, the Court entered an order granting American Home’s motion for

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summary judgment with respect to its claims for equitable indemnity, equitable subrogation,

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equitable contribution and declaratory relief. The Court further found that American Home is

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entitled to equitable contribution from State Farm of $100,000 for settlement of the underlying

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bodily injury claim and (1) 20 percent of the amount for which American Home settled the

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underlying claim for property damage and (2) 20 percent of the total legal bills that American Home

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expended in the Park action. State Farm has asked for verification of those amounts as a

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prerequisite to settling the case.

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The Court scheduled a Case Management Conference for JULY 23, 2013.

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The Parties have agreed in principle that State Farm will pay American Home the sum of

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$108,140.68 to settle this matter. However, additional time is needed to obtain final authorization

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from the principals involved.

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Accordingly, the Parties agree that it would be beneficial to extend the date for the case

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management conference by thirty (30) days, to August 23, 2013, or the soonest date afterwards that

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the Court is available.

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-2BARGER & WOLEN LLP
650 CALIFORNIA STREET
NINTH FLOOR
SAN FRANCISCO, CA 94108
[phone]

STIPULATED EXTENSION OF DATE FOR CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER
CASE NO. : CV 11-05387 SC

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Dated: July 19, 2013

BARGER & WOLEN LLP

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By: /s/ Peter J. Felsenfeld
THOMAS R. BEER
PETER J. FELSENFELD
Attorneys for Plaintiff AMERICAN
HOME ASSURANCE COMPANY

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Dated: July 19, 2013

FARMER CASE HACK & FEDOR

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By: /s/ Daniel P. Fallon
JOHN T. FARMER
DANIEL P. FALLON
Attorneys for Defendant STATE FARM
MUTUAL AUTOMOBILE
INSURANCE COMPANY

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[PROPOSED] ORDER

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The above STIPULATED EXTENSTION OF DATE FOR CASE MANAGEMENT
CONFERENCE is approved and all parties shall comply with its provisions.

_____________________________________
The Hon. Samuel Conti
el Conti
ge Samu
Jud

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07/22/2013

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Dated:

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R NIA

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UNIT
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IT IS SO ORDERED.

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-3BARGER & WOLEN LLP
650 CALIFORNIA STREET
NINTH FLOOR
SAN FRANCISCO, CA 94108
[phone]

STIPULATED EXTENSION OF DATE FOR CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER
CASE NO. : CV 11-05387 SC