ProCentury Insurance Company v. L.A. Checker Cab Cooperative, Inc. et al

Filing 48

ORDER CONTINUING ORDER TO SHOW DISMISSAL by Judge S. James Otero : The pre-trial conference and trial dates are vacated.The Order to Show Cause re Dismissal is continued from December 12, 2016 to January 24, 2017 at 8:30 am. A joint report is due to be filed on January 17, 2017. If the parties file the appropriate dismissal pursuant to F.R.C.P. 41 prior to the OSC hearing date, the Order to Show Cause re Dismissal will be taken off the Courts calendar. (lc)

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JOHN E. PEER - State Bar No. 95978
[e-mail]
JO ANN MONTOYA - State Bar No. 131310
[e-mail]
WOOLLS & PEER
A Professional Corporation
One Wilshire Building
624 South Grand Avenue, 22nd Floor
Los Angeles, California 90017
Telephone: [phone]
Facsimile: [phone]

December 8, 2016

VC
P

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Attorneys for Plaintiff and CounterclaimDefendant ProCentury Insurance
8 Company
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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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A Professional Corporation
One Wilshire Building, 624 South Grand Avenue, 22nd Floor
Los Angeles, California 90017

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Case No.: 2:14-cv-6216-SJO-PLAx

ProCentury Insurance Company,

Assigned to the Hon. S. James Otero

Plaintiff,
v.

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ORDER RE CONTINUING OSC RE
DISMISSAL

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OSC Hearing:
Time:
Dept.:

L.A. Checker Cab Cooperative, Inc., a
California corporation; Arman Atanesvan,
16 an individual; Lonnie J. McCreery, an
individual,
Defendants.

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L.A. Checker Cab Cooperative, Inc.,

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December 12, 2016
8:30 a.m.
Courtroom 10C
350 W. 1st Street
Los Angeles, CA

Filing Date:
Trial Date:
Pre-Trial Conf.:

Counter-claimant,
v.

August 7, 2014
January 24, 2017
January 17. 2017

ProCentury Insurance Company,
Counterclaim-defendant.

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The parties have notified the Court that they have reached a settlement and that

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they have fully executed the settlement agreement and related documents. The parties

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have further advised the court of the following:
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[CASE NO.: 2:14-CV-6216-SJO-PLAX]
[[PROPOSED] ORDER CONTINTUING THE OSC RE DISMISSAL]

510252.1

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a)

The settlement agreement requires defendant L.A. Checker Cab

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Cooperative, Inc. to make its initial down payment on or before January 4, 2017 and

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provides L.A. Checker Cab with a ten day period within which to cure any default;

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b)

The settlement agreement requires plaintiff ProCentury Insurance

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Company to dismiss its complaint without prejudice within ten days of receipt of L.A.

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Checker Cab’s initial down payment and requires L.A. Checker Cab to dismiss its

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counterclaim as well;

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c)

The settlement agreement provides that the Court shall retain jurisdiction

to enforce the terms of the settlement, including the stipulated judgment should L.A.
Checker Cab fail to comply with the terms of the settlement agreement;
Therefore, the Court orders as follows:

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A Professional Corporation
One Wilshire Building, 624 South Grand Avenue, 22nd Floor
Los Angeles, California 90017

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a)

The pre-trial conference and trial dates are vacated;

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b)

The Order to Show Cause re Dismissal is continued from December 12,

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2016 to January 24, 2017 at 8:30 am. A joint report is due to be filed on January 17,

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2017. If the parties file the appropriate dismissal pursuant to F.R.C.P. 41 prior to the

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OSC hearing date, the Order to Show Cause re Dismissal will be taken off the Court’s

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calendar.

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IT IS SO ORDERED.
DATED:

12/08/16

____________________________________
JUDGE S. JAMES OTERO

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[CASE NO.: 2:14-CV-6216-SJO-PLAX]
[[PROPOSED] ORDER CONTINTUING THE OSC RE DISMISSAL]

510252.1