STIPULATION AND ORDER CONSOLIDATING CASES FOR ALL PURPOSES

HAYWOOD S. GILLIAM, JR., District Judge.

The City of Walnut Creek (City), as well as American Bankers Insurance Company of Florida (American Bankers), Insurance Company of the State of Pennsylvania, Admiral Insurance Company, Atlanta International Insurance Company (formerly known as Drake Insurance Company of New York), The Travelers Indemnity Company (as successor to Insurance Company of the Pacific Coast), The Phoenix Insurance Company, and The Charter Oak Fire Insurance Company (collectively, Insurers) hereby submit the following Stipulation to Consolidate Related Cases:

WHEREAS, American Bankers filed a Complaint for Declaratory Relief against the City in the United States District Court, Northern District of California (District Court), on April 24, 2019, Case No. 4:19-cv-02237 HSG (American Bankers' Action);

WHEREAS, the City filed a Complaint for Declaratory Relief, Breach of Contract, and Breach of the Implied Covenant of Good Faith and Fair Dealing against Insurers, including American Bankers, in the Superior Court of California, County of Contra Costa (Superior Court) on May 3, 2019, Case No. C19-00883, and subsequently removed by The Travelers Indemnity Company, The Charter Oak Fire Insurance Company, The Phoenix Insurance Company on June 19, 2019, from the Superior Court to the District Court, as Case No. 4:19-cv-03556 HSG (City's Action);

WHEREAS, the American Bankers Action and the City's Action involve similar complaints, relief sought (declaratory relief regarding the duties under the policies), common questions of law, same nucleus of facts, same parties (City and American Bankers), same insurance policies (American Bankers Policy no. CU 22-900012, Policy no. GLA 22-679140), and same counsel;

WHEREAS, consolidation would advance the interests of judicial economy, and decrease the burden on parties, witnesses, and reduce risk of inconsistent adjudications, potential for prejudice;

WHEREAS, counsel for the parties have conferred, and the parties are in agreement that these actions should be consolidated for all purposes; and

WHEREAS, the parties admit to the existence of complete diversity between themselves so as to appear properly before this Court, and that to the parties' knowledge the Court has jurisdiction to hear these cases and consolidate these actions.

NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by the City and the Insurers, through their respective counsel of record, that the American Bankers' Action be consolidated with the City's Action and remain assigned to the Honorable Haywood S. Gilliam, Jr. for all purposes.

SIGNATURE CERTIFICATION

Pursuant to Local Rule 5-1(i)(3), I hereby certify that the content of this document is acceptable to all counsel, and that I have obtained each attorney's authorization to affix his/her electronic signature to this document.

[PROPOSED] ORDER

GOOD CAUSE appearing therefore, the case captioned City of Walnut Creek v. Admiral Insurance Company, Case No. 4:19-cv-03556-HSG is hereby consolidated into the present action. The earlier-filed civil action, Case No. 4:19-cv-02237-HSG, shall serve as the lead case. The clerk is directed to administratively close the later-filed civil action, Case No. 4:19-cv-03556-HSG. All future filings should be done in the lead case only and should be captioned "In Re American Bankers Insurance Company of Florida."

The parties are directed to re-file in the lead case the pending motion to dismiss and corresponding briefing from the later-filed civil action. See Case No. 4:19-cv-03556-HSG, Dkt. Nos. 18, 26, 27. The parties should again notice the motion's hearing on November 21, 2019 at 2:00 p.m.

IT IS SO ORDERED.