Palmeri et al v. Allstate Insurance Company

Filing 28

ORDER APPROVING STIPULATION TO STAY ACTION PENDING RESOLUTION OF ARBITRATION PROCEEDINGS All dates currently scheduled are vacated. The parties shall file a joint status report no later than April 10, 2015. Signed by Judge Maxine M. Chesney on September 3, 2014. (mmclc2, COURT STAFF) (Filed on 9/3/2014)

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DENTONS US LLP
525 MARKET STREET , 26TH FLOOR
SAN FRANCISCO , CALIFORNIA 94105-2708
[phone]

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CRAIG H. MAR (Bar No. 176939)
1073 Walker Ave.
Oakland, CA 94610
Telephone: [phone]
Email:
[e-mail]
Attorneys for Plaintiffs
EDWIN PALMERI and RALPH PALMERI
MICHAEL BARNES (Bar No. 121314)
MEGAN BARKER (Bar No. 245991)
DENTONS US LLP
525 Market Street, 26th Floor
San Francisco, CA 94105-2708
Telephone: [phone]
Facsimile: [phone]
Email:
[e-mail]
[e-mail]
Attorneys for Defendant
ALLSTATE 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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EDWIN PALMERI, RALPH PALMERI,

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Plaintiffs,
v.
ALLSTATE INSURANCE COMPANY,
HARTFORD INSURANCE COMPANY, and
DOES 1 through 10 inclusive,

Case No. 3:14-cv-01267-MMC
STIPULATION TO STAY ACTION
PENDING RESOLUTION OF
ARBITRATION PROCEEDINGS;
[PROPOSED] ORDER THEREON

Defendants.

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Case No. 3:14-cv-01267-MMC

STIPULATION TO STAY ACTION;
[PROP.] ORDER THEREON

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THE PARTIES, THROUGH THEIR RESPECTIVE COUNSEL OF RECORD,
STIPULATE AS FOLLOWS:
WHEREAS, plaintiffs have commenced this action, seeking damages and other relief over

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the actions of defendant Allstate Insurance Company in the handling of their uninsured motorist

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(“UM”) claims under their Allstate Auto Insurance Policy;

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DENTONS US LLP
525 MARKET STREET , 26TH FLOOR
SAN FRANCISCO , CALIFORNIA 94105-2708
[phone]

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WHEREAS, the subject Allstate policy and California law require that certain disputes over
UM claims be resolved by binding arbitration;
WHEREAS, plaintiffs have recently made, and Allstate has recently accepted, a demand to
arbitrate their UM claims;
WHEREAS, the parties believe it would be economically efficient and promote justice to
allow their UM arbitration to be completed before continuing with the subject litigation;

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NOW, THEREFORE, it is agreed that:

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1.

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This action shall be stayed in its entirety, pending completion of the parties’ UM

arbitration;

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2.

All dates currently scheduled in this matter shall be vacated;

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3.

Allstate’s pending motion to dismiss shall be removed from the Court’s calendar,

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without prejudice to be refiled or renoticed as circumstances warrant;
4.

The parties agree to complete their UM arbitration within six months of the Court’s

approval of this stipulation, contingent upon the arbitrator’s availability; and
5.

The parties will contact the Court within 30 days of the issuance of the arbitration

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award or other resolution of the arbitration proceedings, whichever is later, to request that the

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Court schedule a Case Management Conference in the event plaintiffs desire to continue with

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the prosecution of this action.

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Case No. 3:14-cv-01267-MMC

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STIPULATION TO STAY ACTION;
[PROP.] ORDER THEREON

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Dated: September 2, 2014

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By

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Attorney for Plaintiffs
RALPH PALMERI and EDWIN PALMERI

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/s/Craig Mar
CRAIG MAR

Dated: September 2, 2014

DENTONS US LLP

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By

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Attorneys for Defendant
ALLSTATE INSURANCE COMPANY

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DENTONS US LLP
525 MARKET STREET , 26TH FLOOR
SAN FRANCISCO , CALIFORNIA 94105-2708
[phone]

/s/Megan Barker
MEGAN BARKER

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[PROPOSED] ORDER

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Based on the foregoing stipulation of counsel, and good cause appearing therefor, IT IS
HEREBY ORDERED that:
1.

All proceedings in this matter are stayed pending resolution of the parties’

underlying UM arbitration;
2.

All dates currently scheduled are vacated, including the hearing on Allstate’s

pending motion to dismiss;
3.

Allstate’s motion to dismiss, which the court deems withdrawn, may be refiled or

renoticed for hearing if Allstate wishes to obtain a ruling thereon; and
4.

The parties shall contact this Court within 30 days following the issuance of the

arbitration award or other resolution of the arbitration proceedings, whichever is later, to request
that a Case Management Conference be scheduled if plaintiffs wish to continue prosecuting the
action at that time file a joint status report no later than April 10, 2015.
September 3, 2014
Dated: _______________

___________________________________
Hon. Maxine M. Chesney
United States District Judge

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Case No. 3:14-cv-01267-MMC

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STIPULATION TO STAY ACTION;
[PROP.] ORDER THEREON