Yu v. Liberty Mutual Insurance Company et al

Filing 24

ORDER by Judge Susan Illston granting 22 Stipulation for partial dismissal (tfS, COURT STAFF) (Filed on 6/18/2013)

ANDREW R. NEILSON (SBN 221694)
LAW OFFICES OF ANDREW R. NEILSON
109 Geary Street, Fourth Floor
San Francisco, California 94108
Telephone: [phone]
4 Facsimile: [phone]
E-mail: aneilson(@aneilsortlaw.com
Attorneys for Plaintiff
JENGYUAN YU
PAMELA E. COGAN (SBN 130833)
STACY M. TUCKER (SBN 218942)
ROPERS, MAJESKI, KOHN & BENTLEY
1001 Marshall Street, Suite 300
Redwood City, CA 94063-2052
Telephone:
[phone]
Facsimile:
[phone]
E-Mail: [e-mail]
[e-mail]
Attorneys for Defendants
LIBERTY MUTUAL INSURANCE COMPANY,
SAFECO INSURANCE COMPANY OF AMERICA and
GENERAL INSURANCE COMPANY OF AMERICA
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

CASE NO. 3:13-cv-00585-SI

JENGYUAN YU,
Plaintiff,
V.

STIPULATION FOR DISMISSAL OF
LIBERTY MUTUAL INSURANCE
COMPANY AND SAFECO INSURANCE
COMPANY OF AMERICA

LIBERTY MUTUAL INSURANCE
COMPANY; a Massachusetts corporation;
SAFECO INSURANCE COMPANY OF
AMERICA; a New Hampshire corporation;
GENERAL INSURANCE COMPANY OF
AMERICA; a New Hampshire corporation;
and DOES 1 to 20, inclusive,
Defendants.

WHEREAS, this is an action alleging breach of contract and breach of the implied
covenant of good faith and fair dealing arising from a homeowners insurance policy issued by
RC116956056.1/SMT

STIPULATION DISMISSING NON-INSURER
DEFENDANTS -CASE NO.: 3:13-CV-00585 SI

defendant General Insurance Company of America to plaintiff Jengyuan Yu;

WHEREAS, neither Liberty Mutual Insurance Company nor Safeco Insurance Company
of America are parties to that insurance contract;

WHEREAS, General Insurance Company of America affirms it is sufficiently capitalized
to pay any judgment rendered against it in this action;

WHEREAS, General Insurance Company of America acknowledges and agrees that at all
relevant times, the investigators, agents, attorneys and adjusters that investigated, processed and
determined the claim at issue in this dispute including, without limitation, Rebecca Richard,
Melanie Saeyup, Rosanne Henrichs, Ron Shafer, Christine Carringer and Ted Addison, were
agents of General Insurance Company of America;

IT IS HEREBY STIPULATED between the parties, by and through their respective
counsel of record, that Liberty Mutual Insurance Company and Safeco Insurance Company of
America shall be dismissed from this action without prejudice. Each party shall bear its own
attorneys' fees and costs directly related to defendants Liberty Mutual Insurance Company and
Safeco Insurance Company of America.

IT IS SO STIPULATED.

Dated: June 12, 2013

THE LAW OFFICES OF ANDREW R.
NEILSON

By: /s/ Andrew R. Neilson
ANDREW R. NEILSON
Attorneys for Plaintiff
JENGYUAN YU

-2 RC1/6956056.1/
SMT

STIPULATION DISMISSING NON-INSURER
DEFENDANTS -CASE NO.: 3:13-CV-00585 SI

Dated: June 12, 2013

ROPERS, MAJESKI, KOHN & BENTLEY

By: /s/ Stacy M Tucker
PAMELA E. COGAN
STACY M. TUCKER
Attorneys for Defendants,
LIBERTY MUTUAL INSURANCE
COMPANY, SAFECO INSURANCE
COMPANY OF AMERICA and
GENERAL INSURANCE COMPANY OF
AMERICA

[PROPOSED] ORDER
IT IS HEREBY ORDERED that, pursuant to the Parties' stipulation that Liberty Mutual
Insurance Company and Safeco Insurance Company of America shall be dismissed from this
action without prejudice. Each party shall bear its own attorneys' fees and costs directly related
to defendants Liberty Mutual Insurance Company and Safeco Insurance Company of America.

Dated: June13
,2013

By:
United States District Court Judge
Susan Illston

-3 RC1/6956056.1/
SMT

STIPULATION DISMISSING NON-INSURER
DEFENDANTS -CASE NO.: 3:13-CV-00585 SI