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Allstate Ins. Co. v. Barnett

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
Nov 23, 2011
Case No. C 10-00077 EMC (N.D. Cal. Nov. 23, 2011)

Opinion

Case No. C 10-00077 EMC

11-23-2011

ALLSTATE INSURANCE COMPANY, an Illinois Corporation, Plaintiff, v. RICHARD BARNETT and MARIO ALEXANDER, Defendants. RELATED COUNTERCLAIM.

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., Suite 800 Attorneys for Plaintiff and Counterdefendant ALLSTATE INSURANCE COMPANY RANDY S. PERLMAN (State Bar No. 137862) BRAGG, PERLMAN, RUSS, STUNICH & EADS LLP 1036 Fifth St., Ste. E P.O. Box 1248 Attorney for Defendant and Counterclaimant\ RICHARD BARNETT


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., Suite 800

Attorneys for Plaintiff and Counterdefendant

ALLSTATE INSURANCE COMPANY

RANDY S. PERLMAN (State Bar No. 137862)

BRAGG, PERLMAN, RUSS, STUNICH & EADS LLP

1036 Fifth St., Ste. E

P.O. Box 1248

Attorney for Defendant and Counterclaimant\

RICHARD BARNETT

STIPULATION FOR ENTRY OF

PARTIAL JUDGMENT AS TO PHASE

ONE OF TRIAL (COVERAGE)


and


[PROPOSED] PARTIAL JUDGMENT


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 respectfully request that the Court approve and give effect to their stipulation:

WHEREAS, the first phase of trial in this matter (scheduled for December 12, 2011) would determine whether plaintiff Allstate Insurance Company had a duty to defend or indemnify defendant Richard Barnett in the case captioned Alexander v. Barnett, Humboldt County (California) Superior Court, Case No. DR090825 ("the Underlying Action"); and

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 Cal. 4th 35 (1997), (2) whether Allstate is entitled to reimbursement of its settlement payment on Mr. Barnett's behalf in the Underlying Action pursuant to Blue Ridge Insurance Co. v. Jacobsen, 25 Cal. 4th 489 (2001), and (3) Mr. Barnett's remaining counterclaims for bad faith and related claims; and

WHEREAS, the parties wish to narrow the remaining disputed issues in this matter in the interests of judicial economy;

NOW, THEREFORE, THE PARTIES STIPULATE AND AGREE THAT partial judgment should be entered against Mr. Barnett as to the first phase of trial only, declaring that Allstate's Deluxe Homeowners Policy number 0 27 541527 did not cover the costs of defending or indemnifying him in the Underlying Action. The parties further request that the Court vacate the upcoming trial and schedule a case management conference to address the further handling of this matter.

FILER'S ATTESTATION:

Pursuant to General Order No. 45, section X(B) regarding signatures, I attest under penalty of perjury that the concurrence in the filing of this document has been obtained from its signatories.

By Aslan Bananzadeh

Respectfully submitted,

SNR DENTON US LLP

By MICHAEL BARNES

Attorneys for Plaintiff and Counterdefendant

ALLSTATE INSURANCE COMPANY

BRAGG, PERLMAN, RUSS, STUNICH & EADS

LLP

By 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 541527 to defend or indemnify Richard Barnett in the action styled Alexander v. Barnett, Humboldt County (California) Superior Court, Case No. DR090825. All other issues, including but not limited to the parties' entitlement to legal fees and costs, shall be determined by further proceedings herein. A CMC is set for 12/16/11 at 10:30 a.m.

IT IS SO ORDERED

Judge Edward M. Chen


Summaries of

Allstate Ins. Co. v. Barnett

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
Nov 23, 2011
Case No. C 10-00077 EMC (N.D. Cal. Nov. 23, 2011)
Case details for

Allstate Ins. Co. v. Barnett

Case Details

Full title:ALLSTATE INSURANCE COMPANY, an Illinois Corporation, Plaintiff, v. RICHARD…

Court:UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

Date published: Nov 23, 2011

Citations

Case No. C 10-00077 EMC (N.D. Cal. Nov. 23, 2011)