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Allstate Insurance Company, An v. Richard Barnett and Mario and 21 Alexander

November 23, 2011

ALLSTATE INSURANCE COMPANY, AN ILLINOIS CORPORATION,
PLAINTIFF,
v.
RICHARD BARNETT AND MARIO AND 21 ALEXANDER, DEFENDANTS.



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

STIPULATION FOR ENTRY OF PARTIAL JUDGMENT AS TO PHASE ONE OF TRIAL (COVERAGE) RELATED COUNTERCLAIM. 24 25 STIPULATION

The remaining parties to this action, by and through their respective counsel of record, hereby stipulate and agree as follows pursuant to Federal Rule of Civil Procedure 54(b), and 28 respectfully request that the Court approve and give effect to their stipulation:

2 would determine whether plaintiff Allstate Insurance Company had a duty to defend or 3 indemnify defendant Richard Barnett in the case captioned Alexander v. Barnett, Humboldt 4

WHEREAS, the Court has deferred all other issues in this matter, including (1) whether

Allstate is entitled to reimbursement of its defense costs pursuant to Buss v. Superior Court, 16 7

Cal. 4th 35 (1997), (2) whether Allstate is entitled to reimbursement of its settlement payment 8 on Mr. Barnett's behalf in the Underlying Action pursuant to Blue Ridge Insurance Co. v. 9

WHEREAS, the first phase of trial in this matter (scheduled for December 12, 2011)

County (California) Superior Court, Case No. DR090825 ("the Underlying Action"); and Jacobsen, 25 Cal. 4th 489 (2001), and (3) Mr. Barnett's remaining counterclaims for bad faith 10 and related claims; and 11 interests of judicial economy; 13

14 judgment should be entered against Mr. Barnett as to the first phase of trial only, declaring that 15

Allstate's Deluxe Homeowners Policy number 0 27 541527 did not cover the costs of defending 16 or indemnifying him in the Underlying Action. The parties further request that the Court vacate 17 the upcoming trial and schedule a case management conference to address the further handling 18 of this matter. 19

21 of perjury that the concurrence in the filing of this document has been obtained from its 22 signatories. 23

24 25 26 27 28

WHEREAS, the parties wish to narrow the remaining disputed issues in ...


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