Capitol Specialty Insurance Corp. v. Jenzeh et al

Filing 26

ORDER by Judge Claudia Wilken Granting 25 Stipulation. (ndr, COURT STAFF) (Filed on 9/26/2013)

1
2
3

GRAIF BARRETT & MATURA, P.C.
Jay R. Graif, State Bar No. 160047
1850 North Central Avenue, Suite 500
Phoenix, Arizona 85004
Telephone: [phone]
Facsimile: 602-792-5710

4

Email Addresses: [e-mail]

5

Attorneys for Plaintiff Capitol Specialty Insurance Corp.

6
7

IN THE UNITED STATES DISTRICT COURT

8

NORTHERN DISTRICT OF CALIFORNIA

9
10

CAPITOL SPECIALTY INSURANCE
CORP., a foreign insurer licensed to do
business in the State of California,

11
12
13
14
15
16

Case No. C-13-0564 CW
[PROPOSED] ORDER GRANTING
STIPULATION

Plaintiff,
vs.

(Assigned to Hon. Claudia Wilken)

MICHAEL JENZEH AND STEFANIE
JENZEH, husband and wife; OMNI
ENVIRO, LLC., a California limited
liability company; and QUANTUM
BIOTEK PTY. LTD., an Australian
proprietary limited company;

17

Defendants.

18
19
20
21
22
23
24
25
26
27
28

Having reviewed the parties Stipulation, and good cause appearing therefore,
IT IS HEREBY ORDERED that Defendant Quantum Biotek Pty. Ltd.
(“Quantum”), will not actively participate in these proceedings but will be bound by all
court rulings, final settlements, findings and/or judgments in this case insofar as any of
the rulings, settlements, findings and/or judgments may concern coverage under the
Capitol policy.
IT IS HEREBY FURTHER ORDERED that Quantum shall not be required to file
an appearance or responsive pleading in this matter and that no other party shall file a
default with regard to such non-appearance.

1
2
3

IT IS HEREBY FURTHER ORDERED that Quantum shall be estopped from
arguing any issues that are litigated and decided in this matter in any subsequent
proceeding despite its non-participation in the current proceeding.

4
5

IT IS SO ORDERED.

6
7

Dated:

9/26/2013

Hon. Claudia Wilken
Judge of the U.S. District Court

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2