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James Jardine, An Individual v. Maryland Casualty Company

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA - SAN FRANCISCO DIVISION


September 13, 2011

JAMES JARDINE, AN INDIVIDUAL,
PLAINTIFF,
v.
MARYLAND CASUALTY COMPANY, A CORPORATION, AND DOES 1 THOROUGH 50, DEFENDANTS. JAMES JARDINE, AN INDIVIDUAL, AND
PLAINTIFF,
v.
EMPLOYERS FIRE INSURANCE VIOLATION OF UNFAIR COMPANY, A CORPORATION, AND DOES 1 INSURANCE PRACTICES ACT; 21 THOROUGH 50, DEFENDANTS.

The opinion of the court was delivered by: Honorable Samuel Conti United States District Judge

Brandt L. Wolkin, Esq., SBN 112220 Dawn A. Silberstein, Esq., SBN 167936 2 Wolkin Curran, LLP 555 Montgomery Street, Suite 1100 San Francisco, California 94111 Telephone: (415) 982-9390 Facsimile: (415) 982-4328 5 Attorneys for Defendant EMPLOYERS FIRE INSURANCE COMPANY

Case No. 3:10-cv-03335 SC; Case No. 3:10-cv-03336 SC

STIPULATION WITHDRAWING PLAINTIFF'S THIRD CAUSEOF ACTION FOR STATUTORY [Proposed] ORDER APPROVING STIPULATION

IT IS HEREBY STIPULATED by and between plaintiff, JAMES JARDINE ("Jardine"), and defendant EMPLOYERS FIRE INSURANCE COMPANY ("Employers"), 27 by and through their attorneys of record that, under the holding of the California Supreme 28 Court in Moradi-Shalal v. Fireman's Fund, 46 Cal.3d 287 (1988), no private right of action exists under the Unfair Insurance Practices Act. In accordance with Federal Rules of Civil 2

Procedure 11 and 12, plaintiff Jardine agrees to withdraw his third cause of action for 3 violation of Unfair Insurance Practices Act alleged in both Case No. 3:10-cv-03335 SC; and 4 the consolidated action, Case No. 3:10-cv-03336 SC.. 5

IT IS SO STIPULATED.

[PROPOSED] ORDER

PURSUANT TO THE PARTIES' STIPULATION, the Court finds good cause to grant plaintiff's request to withdraw his Third Causes of Action for Violation of the Unfair 3 Insurance Practices Act alleged in both Case No. 3:10-cv-03335 SC; and the consolidated 4 action, Case No. 3:10-cv-03336 SC. The Third Cause of Action shall be deemed withdrawn 5 and no further pleading shall be required by plaintiff. Defendant, Employers, may allege 6 this stipulation and order withdrawing the Third Cause of Action in its answer to Plaintiff's First Amended (and Supplemental) Complaint for fraud, breach of the implied covenant of 8 good faith and fair dealing, violation of fair claims settlement practices act, and complaint 9 by judgment creditor against liability insurer on judgment filed in Case No. 3:10-cv-03336

IT IS SO ORDERED.

Dated:

Judge Samuel

DECLARATION OF SERVICE

I, Angela Lee Rojas, declare as follows:

I am a citizen of the United States, over the age of eighteen years and not a party to 4 the within entitled action. I am employed at Wolkin Curran, LLP, 555 Montgomery Street, 5 Suite 1100, San Francisco, California 94111. 6

On 13 September 2011 I served the attached document, STIPULATION WITHDRAWING PLAINTIFF'S THIRD CAUSE OF ACTION FOR STATUTORY VIOLATION OF UNFAIR INSURANCE PRACTICES ACT; [Proposed] ORDER APPROVING STIPULATION, on the interested parties in said action, by placing a true 10 copy thereof in a sealed envelope(s) or package(s), with delivery fees or postage fully 11 prepaid, addressed as follows: Jonathan Gross, Esq. 12 Vivian Leung Lerche, Esq. Counsel for Maryland Casualty Company 13 Bishop Barry Drath Watergate Tower III 14 2000 Powell Street, Suite 1425 Emeryville, CA 94608 15 Tel: 510/596-0888 Fax: 510/596-0899 16 E-mail: jgross@bishop-barry.com 17 E-mail: vlerche@bishop-barry.com and served the named document in the manner(s) indicated below:

X BY ELECTRONIC SERVICE: I transmitted true and correct copy(ies) of the above document(s) by electronic service from: "arojas@wolkincurran.com" on 13 September 2011to the addressee(s) listed above or on the attached service list on whom service is to be made at their respective e-mail addresses as listed above or on the attached service list. A signed copy of this affidavit or certificate of mailing accompanied the above named document(s).

I declare under penalty of perjury under the laws of the State of California that the 23 foregoing is true and correct and that I am employed in the office of a member of the bar of 24 this court at whose direction the service was made. Executed 13 September 2011, at San 25 Francisco, California.

Angela Lee Rojas

20110913

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