Opinion
4:22-cv-09058-HSG
04-04-2023
MICHAEL R. MARCUS and VICTORIA L. MARCUS, Plaintiffs, v. AIR & LIQUID SYSTEMS CORPORATION, et. al., Defendants.
BERKES CRANE SANTANA & SPANGLER LLP VIIU SPANGLER TAYLOR M. MATSUMOTO Attorneys for Intervenor Insurers on Behalf of Their Suspended Insured Plant Products & Supply Co. MAUNE RAICHEL HARTLEY FRENCH & MUDD, LLC DAVID L. AMELL RABIAH N. ORAL Attorneys for Plaintiffs
[Alameda County Superior Court Case No.:22CV021840]
BERKES CRANE SANTANA & SPANGLER LLP
VIIU SPANGLER
TAYLOR M. MATSUMOTO
Attorneys for Intervenor Insurers on Behalf of Their Suspended Insured Plant Products & Supply Co.
MAUNE RAICHEL HARTLEY FRENCH & MUDD, LLC
DAVID L. AMELL
RABIAH N. ORAL
Attorneys for Plaintiffs
STIPULATION AND ORDER ALLOWING INTERVENOR INSURERS LEAVE TO FILE ANSWER IN INTERVENTION
HON. HAYWOOD S. GILLIAM, JR., UNITED STATES DISTRICT JUDGE.
TO THE HONORABLE COURT, ALL PARTIES AND THEIR ATTORNEYS OF RECORD HEREIN:
Proposed Intervenor Insurers Granite State Insurance Company, Federal Insurance Company, Northwestern Pacific Indemnity Company, Great American Insurance Company and United States Fire Insurance Company ("Intervenors") on behalf of their suspended insured PLANT PRODUCTS & SUPPLY CO. ("Plant Products") and Plaintiffs MICHAEL R. MARCUS and VICTORIA L. MARCUS ("Plaintiffs"), by and through their attorneys of record hereby stipulate as follows:
WHEREAS Plaintiffs filed their Personal Injury Complaint in Superior Court of Alameda on November 15, 2022.
WHEREAS Plant Products lacks the capacity to defend itself in this lawsuit because its corporate license has been suspended by the California Secretary of State.
WHEREAS Plant Products was a small family-owned corporation that ceased doing business in the decade of the 1980s. Plant Products, having been out of business for many years, is insolvent and there is, therefore, no money to reinstate the corporation.
WHEREAS Counsel for Plant Products became aware of its suspended corporate status and is now required to take steps to protect the interests of Plant Products and its insurers from the suspension which rendered Plant Products incapable of defending itself from multiple lawsuits filed against it alleging decades-old asbestos exposure.
WHEREAS Plant Products was insured for liability by the following insurers: Granite State Insurance Company, Federal Insurance Company, Northwestern Pacific Indemnity Company, Great American Insurance Company and United States Fire Insurance Company (“Insurers”).
WHEREAS Insurers desire to intervene in order that Plant Products can defend itself from the claims, and to avoid defaults being taken in cases where Plant Products is currently or may in the future be made a party. Insurers will be irreparably harmed unless they are granted immediate leave to file a Complaint in Intervention on behalf of Plant Products.
WHEREAS Defendant Green, Tweed & Co., Inc. removed this case to federal court on December 21, 2022 before Intervenors could file their complaint in intervention.
NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and through the parties hereto, by their respective counsel, that Plaintiffs will not oppose Intervenors, pursuant to the terms of their respective insurance policies and solely in their capacities as insurers to Plant Products to file an Answer in Intervention pursuant to Federal Rule of Civil Procedure No. 24.
IT IS FURTHER STIPULATED THAT Plaintiffs will not oppose the Answer in Intervention to constitute Plant Products' response to Plaintiffs' Complaint.
IT IS FURTHER STIPULATED THAT during trial, Intervenors will be referred to by the named of their insured, PLANT PRODUCTS & SUPPLY CO.
IT IS SO STIPULATED.
ORDER
FOR GOOD CAUSE SHOWN this Court ORDERS as follows:
(a) Intervenors, pursuant to the terms of their respective insurance policies and solely in their capacities as insurers to Plant Products shall have leave to file an Answer in Intervention pursuant to Federal Rule of Civil Procedure No. 24.
(b) The Answer in Intervention by Intervenors shall constitute the Answer of Plant Products to Plaintiffs' Complaint.
(c) Intervenors shall have leave of the Court to appear in this action under the name of their insured, PLANT PRODUCTS & SUPPLY CO.
IT IS SO ORDERED.