Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

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

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


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 this matter in the

NOW, THEREFORE, THE PARTIES STIPULATE AND AGREE THAT partial

FILER'S ATTESTATION:

Pursuant to General Order No. 45, section X(B) regarding signatures, I attest under penalty

Dated: November 23, 2011 By __________/s/ Aslan Bananzadeh________

Aslan Bananzadeh

Respectfully submitted,

Dated: November 23, 2011 SNR DENTON US LLP 3 4

By __________/s/ MICHAEL BARNES_______

MICHAEL BARNES

Attorneys for Plaintiff and Counterdefendant ALLSTATE INSURANCE COMPANY

BRAGG, PERLMAN, RUSS, STUNICH & EADS By __________/s/ RANDY PERLMAN________ RANDY PERLMAN Attorneys for Defendant and Counterclaimant RICHARD BARNETT PARTIAL JUDGMENT

In view of the parties' foregoing stipulation, and good cause appearing therefor, IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT plaintiff Allstate

Insurance Company had no obligation under its Deluxe Homeowners Policy number 0 27 19

541527 to defend or indemnify Richard Barnett in the action styled Alexander v. Barnett, 20

Humboldt County (California) Superior Court, Case No. DR090825. All other issues, including 21 but not limited to the parties' entitlement to legal fees and costs, shall be determined by further 22 proceedings herein.

20111123

© 1992-2011 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.