The Randall Group, Inc. et al v. St. Paul Fire and Marine Insurance Company et al

Filing 33

STIPULATION AND ORDER re 26 Stipulation, filed by The Randall Group, Inc., Northern Insurance Company of New York, Royal Insurance Company of America, Randall Realty Corp., Steadfast Insurance Company, CTL Management, Inc., St. Paul Fire and Marine Insurance Company. Signed by Judge ARMSTRONG on 8/9/10. (lrc, COURT STAFF) (Filed on 8/9/2010)

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The Randall Group, Inc. et al v. St. Paul Fire and Marine Insurance Company et al Doc. 33 1 SINNOTT, PUEBLA, CAMPAGNE & CURET, APLC Blaise S. Curet, #124983 2 555 Montgomery Street, Suite 720 San Francisco, California 94111-3910 3 Tel.: (415) 352-6200; Fax: (415) 352-6224 4 Attorneys for Defendants and Cross-Claimants Steadfast Insurance Company, Northern 5 Insurance Company of New York, and Zurich American Insurance Company, as 6 successor to Valiant Insurance Company with respect to the policies at issue in the litigation 7 8 9 SINNOTT, PUEBLA, CAMPAGNE & CURET, APLC 10 555 MONTGOMERY STREET, SUITE 720 SAN FRANCISCO, CALIFORNIA 94111-3910 TEL (415) 352-6200 FAX (415) 352-6224 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 11 12 THE RANDALL GROUP, INC., 13 RANDALL REALTY CORP., AND CTL MANAGEMENT, INC. 14 Plaintiffs, 15 v 16 ST. PAUL FIRE AND MARINE 17 INSURANCE COMPANY, ROYAL INSURANCE COMPANY OF 18 AMERICA, NORTHERN INSURANCE COMPANY OF NEW YORK, VALIANT 19 INSURANCE COMPANY, STEADFAST INSURANCE COMP[ANY, and DOES 1 20 through 30, inclusive, 21 22 23 24 25 26 27 28 Defendants. AND RELATED CROSS-CLAIMS CASE NO. 4:10-01793 SBA JOINT STIPULATION REGARDING ZURICH AMERICAN INSURANCE COMPANY'S LEAVE TO FILE FIRST AMENDED ANSWER TO COMPLAINT AND FIRST AMENDED CROSS-CLAIM // // // // JOINT STIPULATION REGARDING ZURICH AMERICAN INSURANCE COMPANY'S LEAVE TO FILE FIRST AMENDED ANSWER TO COMPLAINT AND FIRST AMENDED CROSS-CLAIM Dockets.Justia.com 1 Plaintiffs The Randall Group, Inc., Randall Realty Corp., and CTL Management, 2 Inc., by and through their attorneys WOLKIN CURRAN, LLP, by David F. Myers; 3 defendants and cross-defendants Arrowood Indemnity Company, as successor to the Royal 4 Indemnity Company and formerly known as the Royal Insurance Company of America 5 and erroneously named herein as the Royal Insurance Company of America, by and 6 through its attorneys MUSICK, PEELER & GARRETT, LLP, by David Tartaglio; 7 defendants and cross-defendants St. Paul Fire and Marine Insurance Company by and 8 through its attorneys BOHM, MATSEN, KEGEL & AGUILERA, LLP by A. Eric 9 Aguilera; and defendants and cross-complainants Steadfast Insurance Company, Northern 10 Insurance Company of New York, and Zurich American Insurance Company, as successor SINNOTT, PUEBLA, CAMPAGNE & CURET, APLC 11 to Valiant Insurance Company with respect to the policies at issue in the litigation, by and 555 MONTGOMERY STREET, SUITE 720 SAN FRANCISCO, CALIFORNIA 94111-3910 TEL (415) 352-6200 FAX (415) 352-6224 12 through their attorneys SINNOTT, PUEBLA, CAMPAGNE & CURET, APLC, by Blaise 13 S. Curet, hereby stipulate as follows: 14 1. Defendant and Cross-Claimant Zurich American Insurance Company 15 ("ZAIC") seeks to file a First Amended Answer to Complaint, a copy of which has been 16 provided to all parties, replacing Valiant Insurance Company with ZAIC, as the successor 17 to Valiant Insurance Company with respect to the policies at issue in the litigation. 18 2. Defendants and Cross-Claimants Steadfast Insurance Company, Northern 19 Insurance Company of New York, and ZAIC seek to file a First Amended Cross-Claim, a 20 copy of which has been provided to all parties, replacing Valiant Insurance Company with 21 ZAIC, as the successor to Valiant Insurance Company with respect to the policies at issue 22 in the litigation. 23 3. The Parties hereby stipulate that Defendants and Cross-claimants Steadfast 24 Insurance Company, Northern Insurance Company of New York, and ZAIC may amend 25 the Answer and Cross-Claim to reflect the above amendments. 26 4. The First Amended Answer to Complaint and First Amended Cross-Claim 27 will be deemed served as of the date they are electronically served on all parties via 28 electronic filing by the CM/ECF system. JOINT STIPULATION REGARDING ZURICH AMERICAN INSURANCE COMPANY'S LEAVE TO FILE FIRST AMENDED ANSWER TO COMPLAINT AND FIRST AMENDED CROSS-CLAIM 2 1 5. Answers previously filed to the Cross-Claim are deemed responsive to the 2 First Amended Cross-Claim so that no party needs to file a new response to the First 3 Amended Cross-Claim. 4 5 6 DATED: July 12, 2010 7 8 9 10 SINNOTT, PUEBLA, CAMPAGNE & CURET, APLC IT IS SO STIPULATED: WOLKIN CURRAN, LLP By: /S/ DAVID F. MYERS DAVID F. MYERS Attorneys for The Randall Group, Inc., Randall Realty Corp., and CTL Management 11 555 MONTGOMERY STREET, SUITE 720 SAN FRANCISCO, CALIFORNIA 94111-3910 TEL (415) 352-6200 FAX (415) 352-6224 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATED: July 12, 2010 MUSICK, PEELER & GARRETT, LLP By: /S/ DAVID TARTAGLIO DAVID TARTAGLIO Attorneys for Arrowood Indemnity Company, as successor to the Royal Indemnity Company and formerly known as the Royal Insurance Company of America and erroneously named herein as the Royal Insurance Company of America DATED: July 21, 2010 BOHM, MATSEN, KEGEL & AGUILERA, LLP By: /S/ A. ERIC AGUILERA A. ERIC AGUILERA Attorneys for St. Paul Fire and Marine Insurance Company JOINT STIPULATION REGARDING ZURICH AMERICAN INSURANCE COMPANY'S LEAVE TO FILE FIRST AMENDED ANSWER TO COMPLAINT AND FIRST AMENDED CROSS-CLAIM 3 1 DATED: July 21, 2010 2 3 4 5 6 7 8 9 10 SINNOTT, PUEBLA, CAMPAGNE & CURET, APLC SINNOTT, PUEBLA, CAMPAGNE & CURET, APLC By: /S/ BLAISE S. CURET BLAISE S. CURET Attorneys for Defendants and CrossClaimants Steadfast Insurance Company, Northern Insurance Company of New York and Zurich American Insurance Company, as successor to Valiant Insurance Company to the policies at issue in the litigation ORDER The above stipulation is accepted and IT IS SO ORDERED. 11 555 MONTGOMERY STREET, SUITE 720 SAN FRANCISCO, CALIFORNIA 94111-3910 TEL (415) 352-6200 FAX (415) 352-6224 12 DATED: August 9, 2010 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOINT STIPULATION REGARDING ZURICH AMERICAN INSURANCE COMPANY'S LEAVE TO FILE FIRST AMENDED ANSWER TO COMPLAINT AND FIRST AMENDED CROSS-CLAIM By: Judge of the United States District Court 4 1 PROOF OF SERVICE 2 STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO I am employed in the County of San Francisco, State of California. I am over the age of eighteen years and not a party to the within action; my business address is 555 4 Montgomery Street, Suite 720, San Francisco, California 94111-3910. 3 5 6 7 8 On July 21, 2010 , I served the following document(s) described as JOINT STIPULATION REGARDING ZURICH AMERICAN INSURANCE COMPANY'S LEAVE TO FILE FIRST AMENDED ANSWER TO COMPLAINT AND FIRST AMENDED CROSSCLAIM on the interested parties in this action by placing true copies thereof enclosed in sealed 9 envelopes addressed as follows: 10 Brandt L. Wolkin David F. Myers 11 Wolkin, Curran, LLP 555 Montgomery Street, Suite 1100 12 San Francisco, California 94111 Telephone: (415) 982-9390 13 Facsimile: (415) 982-4328 E-mail: dmyers@wolkincurran.com 14 A. Eric Aguilera 15 Bohm, Matsen, Kegal & Aguilera, LLP 695 Town Center Drive, Suite 700 16 Costa Mesa, CA 92626 Telephone: (714) 384-6500 17 Facsimile: (714) 384-6501 E-mail: eaguilera@bmkalaw.com 18 David Tartaglio 19 Musick, Peeler & garrett LLP One Wilshire Boulevard, Suite 2000 20 Los Angeles, California Telephone: (213) 629-7679 21 Facsimile: (213) 624-1376 E-mail: d.tartaglio@mpglaw.com 22 23 SINNOTT, PUEBLA, CAMPAGNE & CURET, APLC Attorneys for Plaintiff The Randall Group, Randall Realty Corporation, and CTL Management, Inc. 555 MONTGOMERY STREET, SUITE 720 SAN FRANCISCO, CALIFORNIA 94111-3910 TEL (415) 352-6200 FAX (415) 352-6224 Attorneys for Defendant St. Paul Fire and Marine Insurance Company Attorneys for Arrowood Indemnity Company, as successor to the Royal Indemnity Company and formerly known as the Royal Insurance Company of America and erroneously named herein as the Royal Insurance Company of America BY ELECTRONIC TRANSMISSION: In accordance with the Court's November 18, 24 2004 Amended Order re: Electronic Filing and Service , I transmitted the above-named document to via the LexisNexis File & Serve ("LNFS") E-File system for electronic 25 transfer for filing on the website maintained by LNFS for the posting of documents filed and served in this case. As provided by that Order, transmission to LNFS constitutes 26 service upon counsel of record. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was 27 unsuccessful. 28 JOINT STIPULATION REGARDING ZURICH AMERICAN INSURANCE COMPANY'S LEAVE TO FILE FIRST AMENDED ANSWER TO COMPLAINT AND FIRST AMENDED CROSS-CLAIM 5 1 2 3 4 5 6 7 8 9 10 SINNOTT, PUEBLA, CAMPAGNE & CURET, APLC I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on July 21, 2010, at San Francisco, California. /s/ Theresa Lewis I:\WPDOCS\ZURICH\Randall Realty\Pleadings\Stipulation to Amend.doc 11 555 MONTGOMERY STREET, SUITE 720 SAN FRANCISCO, CALIFORNIA 94111-3910 TEL (415) 352-6200 FAX (415) 352-6224 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOINT STIPULATION REGARDING ZURICH AMERICAN INSURANCE COMPANY'S LEAVE TO FILE FIRST AMENDED ANSWER TO COMPLAINT AND FIRST AMENDED CROSS-CLAIM 6

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