Schlumberger Technology Corporation, Inc v. East Charleston, Inc et al

Filing 141

ORDER by Judge Lucy H. Koh granting 140 Stipulation (lhklc2, COURT STAFF) (Filed on 1/11/2013)

Case5:11-cv-02587-LHK Document140 Filed01/10/13 Page1 of 4

1 LEWIS BRISBOIS BISGAARD & SMITH LLP
GLENN A. FRIEDMAN, SB# 104442
Email: [e-mail]
2
JOSEPH A. SALAZAR JR., SB# 169551
Email: [e-mail]
3
ROBERT W. FARRELL, SB# 107461
Email: [e-mail]
4
333 Bush Street, Suite 1100
5 San Francisco, California 94104
Telephone: [phone]
6 Facsimile: 415.434.0882
7 Attorneys for TRAVELERS CASUALTY AND SURETY COMPANY fka
THE AETNA CASUALTY AND SURETY COMPANY As Alleged
8 Insurer of Suspended Corporation Third-Party Defendant ADVALLOY,
INC.
9
10

UNITED STATES DISTRICT COURT

11

NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION

12 SCHLUMBERGER TECHNOLOGY
CORPORATION, INC. a Texas Corporation,
13
Plaintiff,
14
v.
15
EAST CHARLESTON, INC., a California
16 Corporation; PACIFIC AMERICAN
MANAGEMENT COMPANY, a California
17 Limited Liability Corporation;
Defendants.

18

CASE NO. 5:11-CV-02587-LHK
STIPULATION AND [PROPOSED]
ORDER RE TRAVELERS CASUALTY
AND SURETY COMPANY fka THE
AETNA CASUALTY AND SURETY
COMPANY INTERVENTION IN
ACTION AS ALLEGED INSURER OF
SUSPENDED CORPORATION THIRDPARTY DEFENDANT ADVALLOY,
INC.
Complaint Filed: 5/27/11
Trial Date: 7/15/13

19
EAST CHARLESTON, INC. a California
20 Corporation; PACIFIC AMERICAN
MANAGEMENT COMPANY, a California
21 Limited Liability Corporation,
22
23

Counter-Claimants,
v.

24 SCHLUMBERGER TECHNOLOGY
CORPORATION, INC. a Texas Corporation;
25
Counter-Defendant.
26
27

LEWIS

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

28

4843-6061-5954.1

5:11-CV-02587-LHK
1
STIPULATION AND [PROPOSED] ORDER RE TRAVELERS CASUALTY AND SURETY COMPANY fka THE
AETNA CASUALTY AND SURETY COMPANY INTERVENTION IN ACTION AS ALLEGED INSURER OF
SUSPENDED CORPORATION THIRD-PARTY DEFENDANT ADVALLOY, INC.

Case5:11-cv-02587-LHK Document140 Filed01/10/13 Page2 of 4

1 EAST CHARLESTON, INC. a California
Corporation; PACIFIC AMERICAN
2 MANAGEMENT COMPANY, a California
Limited Liability Corporation,
3
Third Party Plaintiffs,
4
v.
5
NATIONAL SEMICONDUCTOR (MAINE). a
6 Delaware Corporation; ADVALLOY INC. a
Suspended California Corporation; EDWARD E.
7 SCHLAGER, an individual and GLADYS M.
SCHLAGER, an individual;
8
Third Party Defendants.
9
10

IT IS HEREBY STIPULATED AND AGREED BY AND BETWEEN THE PARTIES

11 HEREIN THROUGH THEIR RESPECTIVE COUNSEL OF RECORD AS FOLLOWS:
12

WHEREAS, Third Party Defendant, Counter Defendant and Cross Defendant ADVALLOY,

13 INC. (“ADVALLOY”), a suspended California Corporation, has appeared in this action by and
14 through Intervenor GREAT AMERICAN INSURANCE COMPANY (“GREAT AMERICAN”),
15 which has filed responsive pleadings and cross claims in the action on behalf of ADVALLOY;
16

WHEREAS, TRAVELERS CASUALTY AND SURETY COMPANY formerly known as

17 THE AETNA CASUALTY AND SURETY COMPANY ("TRAVELERS"), allegedly issued a policy
18 or policies of insurance to ADVALLOY and now seeks leave to intervene in this action as an alleged
19 insurer of ADVALLOY;
20

WHEREAS, subject to the understanding that all existing dates established by the Court in this

21 action will remain in place, Plaintiff and Cross Defendant SCHLUMBERGER TECHNOLOGY
22 CORPORATION (“STC”), Defendants and Third-Party Plaintiffs EAST CHARLESTON INC. and
23 PACIFIC AMERICAN MANAGEMENT COMPANY (“collectively, “THIRD PARTY
24 PLAINTIFFS”) Third Party Defendant and Cross-Defendant NATIONAL SEMICONDUCTOR
25 (MAINE) INC. (“NSM”) and GREAT AMERICAN hereby stipulate and agree that TRAVELERS
26 may intervene in this action as an alleged insurer of ADVALLOY.
27

LEWIS

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

28

4843-6061-5954.1

5:11-CV-02587-LHK
2
STIPULATION AND [PROPOSED] ORDER RE TRAVELERS CASUALTY AND SURETY COMPANY fka THE
AETNA CASUALTY AND SURETY COMPANY INTERVENTION IN ACTION AS ALLEGED INSURER OF
SUSPENDED CORPORATION THIRD-PARTY DEFENDANT ADVALLOY, INC.

Case5:11-cv-02587-LHK Document140 Filed01/10/13 Page3 of 4

1

SO STIPULATED AND AGREED.

2 Dated: January 10, 2013

LEWIS BRISBOIS BISGAARD & SMITH LLP

3
By
4
5
6
7
8

/S/ Robert W. Farrell
Glenn A. Friedman
Joseph A. Salazar, Jr.
Robert W. Farrell
Attorneys for TRAVELERS CASUALTY
AND SURETY COMPANY fka THE
AETNA CASUALTY AND SURETY
COMPANY As Alleged Insurer of
Suspended Corporation Third-Party
Defendant ADVALLOY, INC.

9
Dated: January 10, 2013

GREBEN & ASSOCIATES

10
By

11
12
13

/S/ Jan Adam Greben
Jan Adam Greben
Attorneys for Defendants and Third Party
Plaintiffs
EAST CHARLESTON, INC. and PACIFIC
AMERICAN MANAGEMENT COMPANY

14
15 Dated: January 10, 2013

BARG COFFIN LEWIS & TRAPP LLP

16
By

17
18
19

/S/ Tom Joel Boer
Tom Joel Boer
Attorneys for Plaintiff
SCHLUMBERGER TECHNOLOGY
CORPORATION INC. and Third Party Defendant
NATIONAL SEMICONDUCTOR (MAINE) INC.

20
21 Dated: January 10, 2013

WOOD, SMITH, HENNING & BERMAN LLP

22
By
23
24
25
26

/S/ Emil A. Macasinag
Emil A. Macasinag
Attorneys for Third Party Defendant,
Counter-Claimant and Cross-Claimant
ADVALLOY INC. by and through
Intervenor GREAT AMERICAN
INSURANCE COMPANY OF NEW
YORK
.

27

LEWIS

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

28

4843-6061-5954.1

5:11-CV-02587-LHK
3
STIPULATION AND [PROPOSED] ORDER RE TRAVELERS CASUALTY AND SURETY COMPANY fka THE
AETNA CASUALTY AND SURETY COMPANY INTERVENTION IN ACTION AS ALLEGED INSURER OF
SUSPENDED CORPORATION THIRD-PARTY DEFENDANT ADVALLOY, INC.

Case5:11-cv-02587-LHK Document140 Filed01/10/13 Page4 of 4

1

I hereby attest that I have on file all holographic signatures corresponding to any signatures

2 indicated by a conformed signature (/S/) within this e-filed document.
3

By

/S/ Robert W. Farrell
Robert W. Farrell

4
5
ORDER

6
7

Pursuant to the provisions of Federal Rules of Civil Procedure Rule 24 and the Stipulation of

8 the parties, IT IS HEREBY ORDERED that TRAVELERS may intervene in this action as an alleged
9 insurer of ADVALLOY.
10
January 11, 2013
11 DATED: _____________________
12

By:
LUCY H. KOH
United States District Judge

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LEWIS

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

28
4843-6061-5954.1

5:11-CV-02587-LHK
1
STIPULATION AND [PROPOSED] ORDER RE TRAVELERS INTERVENTION IN ACTION AS ALLEGED
INSURER OF SUSPENDED CORPORATION THIRD PARTY DEFENDANT ADVALLOY, INC.