On April 22, 2016 a
Appellate Materials
was filed
involving a dispute between
Applied Underwriters Captive Risk Assurance,
California Insurance Company,,
Silver Autumn Hotel,
Warwick Amusements Corporation,,
Warwick California Corporation,
Warwick Denver Corporation,,
Warwick Melrose Dallas Corporation,
Wsf Beverage Corporation,,
and
Applied Risk Services, Inc.,,
Applied Underwriters Captive Risk Assurance,
Applied Underwriters, Inc., A Nebraska Corporation,
California Insurance Company,,
Continental Indeminty Company, An Iowa Corporation,
Does 1 Through 50, Inclusive,
Insurance Commissioner In His Capacity,
Willis Of New York, Inc.,
Willis Of New York, Inc., A New York Corporation,
for civil
in the District Court of San Francisco County.
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NY aA WAR ww DW
JODI S. COHEN, CASB No. 151534
jodi.cohen@kyl.com
JENNIFER M. PORTER, CASB No. 261508
jennifer.porter@kyl.com
KEESAL, YOUNG & LOGAN
A Professional Corporation
450 Pacific Avenue
San Francisco, California 94133
Telephone: (415) 398-6000
Facsimile: (415) 981-0136
Attorneys for Defendant
WILLIS OF NEW YORK, INC.
ELECTRONICALLY
FILED
Superior Court of California,
County of San Francisco
12/13/2016
Clerk of the Court
BY:MADONNA CARANTO
Deputy Clerk
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN FRANCISCO
WARWICK AMUSEMENTS CORPORATION, ) Case No. CGC-16-551614
a Delaware corporation;
WARWICK CALIFORNIA CORPORATION,
a California corporation;
WARWICK DENVER CORPORATION,
a Delaware corporation;
WSF BEVERAGE CORPORATION,
a California corporation;
WARWICK MELROSE DALLAS
CORPORATION, a Delaware corporation;
SILVER AUTUMN HOTEL (N.Y.)
CORPORATION, LTD., a Delaware corporation,
Plaintiffs,
vs.
APPLIED UNDERWRITERS, INC.,
a Nebraska corporation;
APPLIED UNDERWRITERS CAPTIVE RISK
ASSURANCE COMPANY, INC.,
an Iowa corporation;
CALIFORNIA INSURANCE COMPANY,
a California corporation;
CONTINENTAL INDEMNITY COMPANY,
an Iowa corporation;
APPLIED RISK SERVICES, INC., a New York
corporation;
WILLIS OF NEW YORK, INC., a New York
corporation,
and DOES 1 through 50, inclusive,
Defendants.
)
Action Filed: April 22, 2016
WILLIS OF NEW YORK, INC.’S NOTICE
OF MOTION AND MOTION TO STAY
PROCEEDINGS PENDING APPEAL
Date: January 18, 2017
Time: 9:30 a.m.
Place: Dept. 302
Reservation: 12090118-14
WILLIS OF NEW YORK, INC.’S NOTICE OF MOTION AND MOTION TO STAY PROCEEDINGS PENDING
APPEAL
KYL4817-9353-4781.1TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE that on January 18, 2017 at 9:30 a.m., or as soon thereafter as the
matter may be heard in Department 302 of the above-entitled Court, located at 400 McAllister Street,
San Francisco, California, Defendant WILLIS OF NEW YORK, INC. (“Willis”) will move and
hereby does move the Court for an order staying all proceedings in this case pending the appeal of this
Court’s ruling on the Motion to Stay Based on Inconvenient Forum filed by co-defendants’ Applied
Underwriters, Inc., Applied Underwriters Captive Risk Assurance, California Insurance Company,
Continental Indemnity Company, and Applied Risk Services, Inc. (collectively referred to as the
“AUW Defendants”).
This motion is based on this Notice of Motion, the Memorandum of Points and Authorities and
the Request for Judicial Notice filed herewith, as well as the pleadings, records, and papers on record
in this action, and upon any such further oral and documentary evidence and legal memoranda as may
be presented at or before the hearing on this Motion.
DATED: December Q, 2016 ele
JONIS. C
JENNIFER M. PORTER
KEESAL, YOUNG & LOGAN
Attorneys for Defendant
WILLIS OF NEW YORK, INC.
-1-
WILLIS OF NEW YORK, INC.’S NOTICE OF MOTION AND MOTION TO STAY PROCEEDINGS PENDING
APPEAL
KYL4817-9353-4781.1
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NY aA WAR ww DW JODI S. COHEN, CASB No. 151534 jodi.cohen@kyl.com JENNIFER M. PORTER, CASB No. 261508 jennifer.porter@kyl.com KEESAL, YOUNG & LOGAN A Professional Corporation 450 Pacific Avenue San Francisco, California 94133 Telephone: (415) 398-6000 Facsimile: (415) 981-0136 Attorneys for Defendant WILLIS OF NEW YORK, INC. ELECTRONICALLY FILED Superior Court of California, County of San Francisco 12/13/2016 Clerk of the Court BY:MADONNA CARANTO Deputy Clerk SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN FRANCISCO WARWICK AMUSEMENTS CORPORATION, ) Case No. CGC-16-551614 a Delaware corporation; WARWICK CALIFORNIA CORPORATION, a California corporation; WARWICK DENVER CORPORATION, a Delaware corporation; WSF BEVERAGE CORPORATION, a California corporation; WARWICK MELROSE DALLAS CORPORATION, a Delaware corporation; SILVER AUTUMN HOTEL (N.Y.) CORPORATION, LTD., a Delaware corporation, Plaintiffs, vs. APPLIED UNDERWRITERS, INC., a Nebraska corporation; APPLIED UNDERWRITERS CAPTIVE RISK ASSURANCE COMPANY, INC., an Iowa corporation; CALIFORNIA INSURANCE COMPANY, a California corporation; CONTINENTAL INDEMNITY COMPANY, an Iowa corporation; APPLIED RISK SERVICES, INC., a New York corporation; WILLIS OF NEW YORK, INC., a New York corporation, and DOES 1 through 50, inclusive, Defendants. ) Action Filed: April 22, 2016 WILLIS OF NEW YORK, INC.’S NOTICE OF MOTION AND MOTION TO STAY PROCEEDINGS PENDING APPEAL Date: January 18, 2017 Time: 9:30 a.m. Place: Dept. 302 Reservation: 12090118-14 WILLIS OF NEW YORK, INC.’S NOTICE OF MOTION AND MOTION TO STAY PROCEEDINGS PENDING APPEAL KYL4817-9353-4781.1TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on January 18, 2017 at 9:30 a.m., or as soon thereafter as the matter may be heard in Department 302 of the above-entitled Court, located at 400 McAllister Street, San Francisco, California, Defendant WILLIS OF NEW YORK, INC. (“Willis”) will move and hereby does move the Court for an order staying all proceedings in this case pending the appeal of this Court’s ruling on the Motion to Stay Based on Inconvenient Forum filed by co-defendants’ Applied Underwriters, Inc., Applied Underwriters Captive Risk Assurance, California Insurance Company, Continental Indemnity Company, and Applied Risk Services, Inc. (collectively referred to as the “AUW Defendants”). This motion is based on this Notice of Motion, the Memorandum of Points and Authorities and the Request for Judicial Notice filed herewith, as well as the pleadings, records, and papers on record in this action, and upon any such further oral and documentary evidence and legal memoranda as may be presented at or before the hearing on this Motion. DATED: December Q, 2016 ele JONIS. C JENNIFER M. PORTER KEESAL, YOUNG & LOGAN Attorneys for Defendant WILLIS OF NEW YORK, INC. -1- WILLIS OF NEW YORK, INC.’S NOTICE OF MOTION AND MOTION TO STAY PROCEEDINGS PENDING APPEAL KYL4817-9353-4781.1