Westgate Petroleum Company, Inc., d/b/a Helms Petroleum v. International Insurance Company of Hannover, SE et al

Filing 24

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)

2
3
4
5
6

7
8

9
10
II

12

13

R. SCOTT ERLEWINE (State Bar No. 095106)
PHILLIPS, ERLEWINE, GIVEN & CARLIN LLP
39 Mesa Street, Suite 201
The Presidio
San Francisco, CA 94129
Telephone: [phone]
Fax:
415-398-0911
Email: [e-mail]
Attorneys for Plaintiff
Westgate Petroleum Company, Inc.,
d/b/a Helms Petroleum
Robert W. Keaster (SBN 115847)
[e-mail]
CHAMBERLIN & KEASTER LLP
16000 Ventura Boulevard, Suite 700
Encino, California 91436-2758
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant INTERNATIONAL INSURANCE
COMPANY OF HANNOVER, SE

14

UNITED STATES DISTRICT COURT

15

NORTHERN DISTRICT CALIFORNIA

16
17
18

WESTGATE PETROLEUM COMPANY,
INC., d/b/a Helms Petroleum,

19
20
21

22
23

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.

24

25

Pursuant to Local Rule 7-12, the parties hereto by and through their respective counsel of

26

record hereby stipulate and agree that Plaintiff WESTGATE PETROLEUM COMPANY, INC.,

27

d/b/a Helms Petroleum ("WESTGATE") shall be granted leave to file a First Amended

28

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
2

HANNOVER, SE ("INTERNATIONAL") shall be granted leave to file a Cross-Claim against

3

ZURICH seeking contribution, indemnity and subrogation for amounts it has or may be

4

obligated to pay to WESTGATE.

5

Good cause exist for this stipulation since counsel for the parties have just recently

6

learned through third party discovery that Zurich provided auto and commercial general liability

7

insurance to WESTGATE as an additional insured under a policy issued to the trucking

8

company which was unloading the gasoline at WESTGATE'S facility which caught fire and

9

which fire is the loss that is the subject this coverage action. On information and belief,

10

ZURICH is a New York corporation which maintains its principal place of business in

II

Schaumburg, Illinois, so its presence as a defendant will not destroy diversity jurisdiction.

12

Pursuant to the operative scheduling order in this case, the parties can seek leave to amend their

13

pleadings and add parties by July 29, 2016.

14

Dated: July 22, 2016

PHILLIPS, ERLEWINE, GIVEN & CARLIN LLP

15

By /s/ R. Scott Erlewine
R. Scott Erlewine
Attorneys for Plaintiff

16
17
18
19

Dated: July 22,2016

20

CHAMBERLIN & KEASTER
________________________
Robeti W. Keaster
Attorneys for Defendant

By~/s~/

21

22
23
24

ATTESTATION

I, R. Scott Erlewine, am the ECF user whose identification and password is being used to

25

file the instant document. Pursuant to Civil Local Rule 5-1(i)(3), I hereby attest that all counsel

26

whose electronic signatures appear above provided their authority and concurrence to file this

27

document.

28

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
2

Pursuant to the stipulation of the parties and good cause appearing therefor, IT IS

3

HEREBY ORDERED that plaintiff may file an amended complaint adding Zurich American

4

Insurance Company as a defendant in this action and that defendant may file a cross-claim

5

adding Zurich American Insurance Company as a cross-defendant to this action.

6

July 25,
DATED: _ _ __ 2016.
7

Hon. William H. Alsup
United States District Judge

8
9

10
11
0..

.....J
.....J

12

z .s:
"0
;2 ·~
<O:~o

13

U,N§;

c<l..c~o

r--T,
I ~

Z

g;

14

r.tl~<"'

~~u;;:;-

o.... ·- u .._,.
2 o::t
r.tl
z

15

::l"'

VJ ·;:; it)

~ i ~ §

W~t.L..g_

c;2cl)§~

CJ..leJVl~

16
17

K:~
0

"

-~

jM

18

::c

0..

19

20
21
22
23
24
25
26
27
28

Order re:

JOINT STIP. GRANTING PLAINTIFF LEAVE TO AMEND COMPLAINT, etc.

-Case No. 3:16-cv-00115-WHA