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Allstate Insurance Company, An Illinois Corporation v. Richard Barnett and Mario Alexander

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


August 8, 2011

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

The opinion of the court was delivered by: Edward M. Chen R O Judge

MICHAEL BARNES (State Bar No. 121314) SONIA MARTIN (State Bar No. 191148) JONE TRAN (State Bar No. 239311) ASLAN BANANZADEH (State Bar No. 262608) SNR DENTON US LLP 2121 N. California Blvd., Ste. 800 Walnut Creek, California 94596-7342 Telephone: (925) 949-2600 Facsimile: (925) 949-2610 Emails: michael.barnes@snrdenton.com sonia.martin@snrdenton.com jone.tran@snrdenton.com shawn.bananzadeh@snrdenton.com Attorneys for Plaintiff and Counter-Defendant ALLSTATE INSURANCE COMPANY

UITE 94596

S ., US LVD ALIFORNIA 949-2600 14 ALLSTATE INSURANCE COMPANY'S BENTON REQUEST FOR A SPECIAL CASE CALIFORNIA, REEK 15 MANAGEMENT CONFERENCE (925) SNR ORDER SETTING CMC N. ALNUT

RELATED COUNTERCLAIM.

Allstate Insurance Company hereby requests that the Court schedule a special Case Management Conference to address the following issue that requires prompt attention.

As the Court will recall, the instant case questions whether an Allstate homeowners policy covered a previous state court action against defendant Richard Barnett by Mario Alexander, 25 formerly a defendant herein. Mr. Barnett's counsel has repeatedly referred to Mr. Alexander (the 26 victim of a Humboldt County shooting) as Allstate's "star witness." 27

Following the last Case Management Conference, on June 8, 2011, Mr. Barnett's counsel, Randy Perlman, sent a letter to Mr. Alexander's criminal attorney, which stated that Mr. Perlman was providing a copy of Mr. Alexander's deposition testimony in this action to the local 2 prosecutors. (See Exhibit A.) Mr. Perlman had questioned Mr. Alexander extensively in that 3 deposition about a current pending criminal action against him, and then sent the deposition 4 transcript to the District Attorney for the apparent purpose of building a criminal case against Mr. 5

Alexander to render him unavailable for trial or to damage his credibility as a witness should he 6 appear at trial herein. 7

Allstate therefore requests the Court schedule a special Case Management Conference to address the propriety of defense counsel assisting in the prosecution of a key trial witness who is 9 expected to testify against his client. Allstate further requests the conference be scheduled on August 19, 2011, concurrent with the hearing on Allstate's motion to dismiss and strike. 11

Respectfully submitted,

IT IS SO ORDERED that a Case Management Conference is set for 8/19/11 at 1:30 p.m.

IT IS SO ORDERED

U.S. District Judge

20110808

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