Opinion
Case No. 2:10-CV-02806-GEB-EFB
10-24-2011
AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, and NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, successor by merger to TRANSCONTINENTAL INSURANCE COMPANY, Plaintiffs, v. WESTERN ENVIRONMENTAL CONSULTANTS, INC., a California Corporation; and PACIFIC GAS & ELECTRIC COMPANY, a California Corporation; LEXINGTON INSURANCE COMPANY; UNDERWRITERS AT LLOYD'S LONDON, Defendants. AND RELATED CROSS-ACTIONS
WOOLS & PEER Jeffrey A. Dollinger John E. Peer Attorneys for Plaintiffs AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, AND NATIONAL FIRE INSURANCE OF HARTFORD, successor by merger to TRANSCONTINENTAL INSURANCE COMPANY COVINGTON & BURILING LLP Esta L. Brand Attorneys for Defendant WESTERN ENVIRONMENTAL CONSULTANTS JAMPOL ZIMET LLP Alan R. Jampol Marcus Dong Attorneys for Defendant UNDERWRITERS AT LLOYD'S LONDON ORRICK HERRINGTON & SUTCLIFFE LLP Richard J. DeNatale Stephen M. Knaster Attorneys for Defendant PACIFIC GAS & ELECTRIC COMPANY McCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP James P. Wagoner Michael J. Schmidt Attorneys for Defendant LEXINGTON INSURANCE COMPANY
James P. Wagoner, # 058553
Email: jim.wagoner@mccormickbarstow.com
Michael J. Schmidt, # 257371
Email: michael.schmidt@mccormickbarstow.com
McCormick, Barstow, Sheppard,
Wayte & Carruth LLP
P.O. Box 28912
5 River Park Place East
Fresno, CA 93720-1501
Telephone: (559) 433-1300
Facsimile: (559) 433-2300
Attorneys for Defendant, Counterclaimant and
Crossclaimant LEXINGTON INSURANCE
COMPANY
JOINT STIPULATION AND [PROPOSED]
ORDER REGARDING LEXINGTON'S
FILING OF A THIRD AMENDED
COUNTERCLAIM AND CROSS-CLAIM
AND RESPONSES THERETO
Judge: Honorable Garland E. Burrell, Jr.
WHEREAS, on September 15, 2011, Lexington Insurance Company ("Lexington") filed a Second Amended Counterclaim and Cross-Claim ("SACC") (Docket No. 118);
WHEREAS counter-defendants American Casualty Company of Reading, Pennsylvania and National Fire Insurance Company of Hartford ("Counter-Defendants") and cross-defendants Pacific Gas & Electric Company and Western Environmental Consultants, Inc. ("Cross-Defendants"), pursuant to stipulation, are due to file a responsive pleading to the SACC on October 24, 2011 (Docket No. 120);
WHEREAS, Lexington seeks to file a Third Amended Counterclaim and Cross-Claim ("TACC"), to correct the allegations that appear in Paragraph 6 of the SACC by removing the words, "which applied solely to the named insured, Western" from Paragraph 6 in the TACC, and to attach as exhibits to the TACC certain documents referenced therein. The parties hereby stipulate, through their attorneys, that:
1. Lexington shall file a Third Amended Counterclaim and Cross-Claim on or before October 26, 2011 that does not contain the words, "which applied solely to the named insured, Western" in Paragraph 6, and attaches certain documents referenced therein.
2. Cross-Defendants and Counter-Defendants shall not file responsive pleadings to Lexington's Second Amended Counterclaim and Cross-Claim, and shall file responsive pleadings to Lexington's Third Amended Counterclaim and Cross-Claim within 21 days of the filing of the Third Amended Counterclaim and Cross-Claim.
WOOLS & PEER
By: Jeffrey A. Dollinger
John E. Peer
Attorneys for Plaintiffs
AMERICAN CASUALTY COMPANY OF
READING, PENNSYLVANIA, AND
NATIONAL FIRE INSURANCE OF
HARTFORD, successor by merger to
TRANSCONTINENTAL INSURANCE
COMPANY
COVINGTON & BURILING LLP
By: Esta L. Brand
Attorneys for Defendant
WESTERN ENVIRONMENTAL
CONSULTANTS
JAMPOL ZIMET LLP
By: Alan R. Jampol
Marcus Dong
Attorneys for Defendant
UNDERWRITERS
AT LLOYD'S LONDON
ORRICK HERRINGTON
& SUTCLIFFE LLP
By: Richard J. DeNatale
Stephen M. Knaster
Attorneys for Defendant
PACIFIC GAS & ELECTRIC
COMPANY
McCORMICK, BARSTOW, SHEPPARD,
WAYTE & CARRUTH LLP
By: James P. Wagoner
Michael J. Schmidt
Attorneys for Defendant
LEXINGTON INSURANCE COMPANY
IT IS SO ORDERED.
GARLAND E. BURRELL, JR.
United States District Judge