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Allstate Insurance Co. v. Barnett

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO/OAKLAND DIVISION


August 2, 2010

ALLSTATE INSURANCE COMPANY, AN ILLINOIS CORPORATION, PLAINTIFF,
v.
RICHARD BARNETT AND MARIO ALEXANDER, DEFENDANTS.

RELATED COUNTERCLAIM.

STIPULATION OF MARIO ALEXANDER TO BE BOUND BY JUDGMENT AND PROPOSED ORDER THEREON

STIPULATION TO BE BOUND BY JUDGMENT

WHEREAS defendant Mario Alexander is the plaintiff in an underlying state court action against defendant Richard Barnett, an Allstate policyholder, styled Alexander v. Barnett, Humboldt County Superior Court case no. DR090825 (the "Underlying Action"); and

WHEREAS Allstate has commenced this action for declaratory relief to determine whether its policy requires it to defend or indemnify Mr. Barnett in the Underlying Action under his homeowners policy; and

WHEREAS Mr. Alexander, as the underlying plaintiff, is a potential claimant under Mr. Barnett's Allstate policy pursuant to California Insurance Code section 11580 and has been joined in this action as a nominal defendant to bind him to the judgment and thereby to prevent inconsistent rulings; and

WHEREAS Mr. Alexander resides more than 250 miles from the courthouse and lacks the financial resources to engage counsel to represent him in this action or to travel to court for appearances; and

WHEREAS Mr. Alexander does not wish to bear the burden of litigating coverage under an insurance policy to which he is not a party; and

WHEREAS Mr. Alexander is willing to be bound by any ruling by this Court decreeing Allstate's coverage obligations with respect to the Underlying Action; and

WHEREAS Mr. Alexander's active participation in this action is unnecessary for the complete, fair and efficient adjudication of the coverage issues raised by the pleadings in this action;

NOW, THEREFORE, Allstate and Mr. Alexander hereby stipulate and agree that Mr. Alexander will be bound by any judgment, order or other ruling herein decreeing the rights, responsibilities and obligations of the parties with respect to the issues addressed in Allstate's complaint for declaratory relief in this action, and acknowledges that this Court's rulings thereon will be binding upon him. To that end, Mr. Alexander shall be entitled to receive all pleadings, motions, discovery, discovery responses and other documents served or filed by the parties or the Court, but shall be otherwise excused from participating in or attending Court proceedings, provided that, for purposes of appearing to give testimony or to produce documents at deposition or trial, Mr. Alexander shall be deemed a party to this action.

20100802

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