Westgate Petroleum Company, Inc., d/b/a Helms Petroleum v. International Insurance Company of Hannover, SE et al
Filing
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ORDER RE STIPULATION GRANTING PLAINTIFF LEAVE TO AMEND COMPLAINT AND GRANTING LEAVE TO FILE CROSSCLAIM TO ADD ZURICH AMERICAN INSURANCE COMPANY AS PARTY by Hon. William Alsup granting 23 Stipulation.(whalc1, COURT STAFF) (Filed on 7/25/2016)
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R. SCOTT ERLEWINE (State Bar No. 095106)
PHILLIPS, ERLEWINE, GIVEN & CARLIN LLP
39 Mesa Street, Suite 201
The Presidio
San Francisco, CA 94129
Telephone: 415-398-0900
Fax:
415-398-0911
Email: rse@phillaw.com
Attorneys for Plaintiff
Westgate Petroleum Company, Inc.,
d/b/a Helms Petroleum
Robert W. Keaster (SBN 115847)
rkeaster@ckllplaw.com
CHAMBERLIN & KEASTER LLP
16000 Ventura Boulevard, Suite 700
Encino, California 91436-2758
Telephone: (818) 385-1256
Facsimile: (818) 385-1802
Attorneys for Defendant INTERNATIONAL INSURANCE
COMPANY OF HANNOVER, SE
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT CALIFORNIA
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WESTGATE PETROLEUM COMPANY,
INC., d/b/a Helms Petroleum,
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Plaintiff,
V.
Case No: 3:16-cv-00115-WHA
STIPULATION GRANTING PLAINTIFF
LEAVE TO AMEND COMPLAINT AND
GRANTING LEAVE TO FILE CROSSCLAIM TO ADD ZURICH AMERICAN
INSURANCE COMPANY AS PARTY;
[PROPOSED] ORDER THEREON
INTERNATIONAL INSURANCE
COMPANY OF HANNOVER, SE, etc.,
Defendant.
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Pursuant to Local Rule 7-12, the parties hereto by and through their respective counsel of
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record hereby stipulate and agree that Plaintiff WESTGATE PETROLEUM COMPANY, INC.,
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d/b/a Helms Petroleum ("WESTGATE") shall be granted leave to file a First Amended
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Complaint adding Zurich American Insurance Company ("ZURICH") as a defendant to its
Order re: JOINT STIP. GRANTING PLAINTIFF LEAVE TO AMEND COMPLAINT, etc.
-Case No. 3:16-cv-00115-WHA
Complaint and that Defendant INTERNATIONAL INSURANCE COMPANY OF
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HANNOVER, SE ("INTERNATIONAL") shall be granted leave to file a Cross-Claim against
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ZURICH seeking contribution, indemnity and subrogation for amounts it has or may be
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obligated to pay to WESTGATE.
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Good cause exist for this stipulation since counsel for the parties have just recently
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learned through third party discovery that Zurich provided auto and commercial general liability
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insurance to WESTGATE as an additional insured under a policy issued to the trucking
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company which was unloading the gasoline at WESTGATE'S facility which caught fire and
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which fire is the loss that is the subject this coverage action. On information and belief,
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ZURICH is a New York corporation which maintains its principal place of business in
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Schaumburg, Illinois, so its presence as a defendant will not destroy diversity jurisdiction.
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Pursuant to the operative scheduling order in this case, the parties can seek leave to amend their
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pleadings and add parties by July 29, 2016.
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Dated: July 22, 2016
PHILLIPS, ERLEWINE, GIVEN & CARLIN LLP
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By /s/ R. Scott Erlewine
R. Scott Erlewine
Attorneys for Plaintiff
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Dated: July 22,2016
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CHAMBERLIN & KEASTER
________________________
Robeti W. Keaster
Attorneys for Defendant
By~/s~/
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ATTESTATION
I, R. Scott Erlewine, am the ECF user whose identification and password is being used to
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file the instant document. Pursuant to Civil Local Rule 5-1(i)(3), I hereby attest that all counsel
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whose electronic signatures appear above provided their authority and concurrence to file this
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document.
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Is/ R. Scott Erlewine
R. Scott Erlewine
Order re:
JOINT STIP. GRANTING PLAINTIFF LEAVE TO AMEND COMPLAINT, etc.
-Case No. 3:16-cv-00115-WHA
ORDER
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Pursuant to the stipulation of the parties and good cause appearing therefor, IT IS
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HEREBY ORDERED that plaintiff may file an amended complaint adding Zurich American
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Insurance Company as a defendant in this action and that defendant may file a cross-claim
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adding Zurich American Insurance Company as a cross-defendant to this action.
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July 25,
DATED: _ _ __ 2016.
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Hon. William H. Alsup
United States District Judge
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