Scottsdale Insurance Company v. Advent, Inc. et al

Filing 89

STIPULATION AND ORDER re 88 Stipulation filed by Mt. Hawley Insurance Company. Signed by Judge Lucy H. Koh on 12/1/10. (mpb, COURT STAFF) (Filed on 12/1/2010)

Scottsdale Insurance Company v. Advent, Inc. et al

Doc. 89

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MICHAEL W. MELENDEZ (No. 125895) MELENDEZ & ASSOCIATES 2950 Buskirk Avenue, Suite 300 Walnut Creek, CA 94597 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant MT. HAWLEY INSURANCE COMPANY

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SCOTTSDALE INSURANCE COMPANY, ) ) ) Plaintiff, ) ) v. ) ) ADVENT, INC.; ADVENT COMPANIES, ) INC.; ADVENT CONSTRUCTION ) MANAGEMENT, et al., ) ) Defendants. ) ) No. C 10-01342 LHK STIPULATION AND [PROPOSED] ORDER RE LIMITED STAY OF ACTION Judge: The Honorable Lucy H. Koh Action Filed: March 29, 2010

WHEREAS, in this coverage action, plaintiff Scottsdale Insurance Company has brought claims for declaratory relief (first cause of action), Buss reimbursement (sixth cause of action) and Blue Ridge reimbursement (seventh cause of action) based on allegations that under its commercial general liability insurance contract with Pacific Structures, Scottsdale does not owe additional insured coverage obligations to Global Premier Development, MIL Aspen Associates and Advent in an underlying action entitled, Kielty v. Advent, Inc., D.F. Rios, Foothill Fire, Pacific Structures, Global and Mil Aspen, California Superior Court, County of Santa Clara, No. 1-08-CV-122946 (the "Underlying Action"); WHEREAS, under the Scottsdale insurance contract with Pacific Structures, additional insured coverage for Global, MIL Aspen and Advent extends to liability "caused, in whole or in part, by" Pacific Structures or those acting on its behalf;
Stipulation and [Proposed] Order Re Stay

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WHEREAS, to prevail on the claims set forth above, Scottsdale would need to eliminate the possibility that Global, MIL Aspen and Advent face any liability in the Underlying Action caused in whole or in part by Pacific Structures; WHEREAS, the Underlying Action is ongoing and Pacific Structures' liability remains at issue in the Underlying Action; WHEREAS, to rule on the claims set forth above, this Court would need to make factual determinations regarding claims at issue in the Underlying Action; WHEREAS, if this Court were to make such determinations, the possibility exists that this Court's factual determinations and the underlying California Superior Court's factual determinations could be inconsistent; WHEREAS, the Parties seek to eliminate the possibility of such inconsistent factual determinations; and WHEREAS, Advent also desires that its counter-claim be stayed pending further order from the Court; WHEREFORE, the parties hereby STIPULATE as follows: 1. That Scottsdale's first, sixth and seventh causes of action be STAYED pending further

order from this Court; each party hereto shall have the right to bring a motion to set aside the stay; 2. That Scottsdale's second, third, fourth and fifth causes of action, seeking declaratory

relief regarding other insurers' duties to defend and/or indemnify Global, MIL Aspen and Advent in the Underlying Action, not be stayed; 3. That this stay does not impair Scottsdale from naming as defendants any other

insurers that might owe any duties or obligations to Global, MIL Aspen or Advent regarding the Underlying Action, or from bringing any additional claims against such insurers, to establish such duties or obligations. 4. Advent, Inc., Advent Companies, Inc. and Advent Construction Management's

Counterclaim is STAYED in its entirety pending further order from this Court; each party hereto shall have the right to bring a motion to set aside the stay. ///
Stipulation and [Proposed] Order Re Stay

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It is so STIPULATED. Dated: November 29, 2010 SELMAN BREITMAN LLP /S/

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By: Linda Sharon Wendell Hsu Attorneys for Plaintiff/Cross-Defendant SCOTTSDALE INSURANCE COMPANY McMANIS FAULKNER /S/

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By: Richard Tyler Atkinson Attorneys for Defendant JEROME KIELTY

11 12 13 14 By: 15 16 17 18 19 /S/ 20 21 22 23 24 /S/ 25 26 27 28
Stipulation and [Proposed] Order Re Stay

Dated: November 30, 2010

HAYES, SCOTT, BONINO, ELLINGSON & McLAY, LLP /S/ Stephen P. Ellingson Attorneys for Defendant NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH

Dated: November 29, 2010

WOLKIN CURRAN

By: Jennifer Elowsky Attorneys for Defendant NAVIGATOR'S SPECIALTY INSURANCE COMPANY Dated: November 29, 2010 TRESSLER LLP

By: Linda Tai Hoshide Attorneys for Defendant/Cross-Defendant FIRST MERCURY INSURANCE COMPANY

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Dated: November 29, 2010

LUCE, FORWARD, HAMILTON & SCRIPPS LLP /S/

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By: William Luther Marchant Attorneys for Defendants/Cross-Complainants ADVENT COMPANIES, INC., ADVENT CONSTRUCTION MANAGEMENT, ADVENT, INC. MELENDEZ & ASSOCIATES /S/

9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 It is so ORDERED. Dated: December 1, 2010

By: Michael W. Melendez Attorneys for Defendant MT. HAWLEY INSURANCE COMPANY

ORDER

_________________________________ The Honorable Lucy H. Koh United States District Judge

Stipulation and [Proposed] Order Re Stay

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