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

Filing 53

ORDER RE DISMISSAL by Judge S. James Otero, re Stipulation to Dismiss Case 52 . See order for details. Case Terminated. Made JS-6. (jy)

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1 2 3 4 5 6 JOHN E. PEER - State Bar No. 95978 jpeer@wpdslaw.com JO ANN MONTOYA - State Bar No. 131310 jmontoya@wpdslaw.com WOOLLS PEER DOLLINGER & SCHER A Professional Corporation One Wilshire Building 624 South Grand Avenue, 22nd Floor Los Angeles, California 90017 Telephone: (213) 629-1600 Facsimile: (213) 629-1660 JS-6 January 26, 2017 VC P 7 Attorneys for Plaintiff and CounterclaimDefendant ProCentury Insurance 8 Company UNITED STATES DISTRICT COURT 10 A Professional Corporation One Wilshire Building, 624 South Grand Avenue, 22nd Floor Los Angeles, California 90017 9 CENTRAL DISTRICT OF CALIFORNIA 11 12 13 14 Case No.: 2:14-cv-6216-SJO-PLAx ProCentury Insurance Company, Assigned to the Hon. S. James Otero Plaintiff, v. ORDER RE DISMISSAL 15 L.A. Checker Cab Cooperative, Inc., a California corporation; Arman Atanesvan, 16 an individual; Lonnie J. McCreery, an individual, OSC Hearing: January 24, 2017 Time: 8:30 a.m. Dept.: Courtroom 10C 350 W. 1st Street Los Angeles, CA 17 Defendants. 18 19 L.A. Checker Cab Cooperative, Inc., 20 21 22 23 Filing Date: Trial Date: Pre-Trial Conf.: Counter-claimant, August 7, 2014 January 24, 2017 January 17. 2017 v. ProCentury Insurance Company, Counterclaim-defendant. 24 25 26 The parties have notified the Court that they have reached a settlement and that 27 they have fully executed the settlement agreement and related documents. The parties 28 have further advised the court of the following: 1 [CASE NO.: 2:14-CV-6216-SJO-PLAX] [[PROPOSED] ORDER RE DISMISSAL] 515107.1 1 2 3 a) Pursuant to the settlement agreement, L.A. Checker Cab Cooperative, Inc. made its initial down payment on January 17, 2017; b) The settlement agreement requires ProCentury Insurance Company to 4 dismiss its complaint without prejudice against L.A. Checker Cab within ten days of 5 receipt of L.A. Checker Cab’s initial down payment and requires L.A. Checker Cab to 6 dismiss its counterclaim as well; 7 8 9 c) The settlement agreement requires L.A. Checker Cab to make 24 equal monthly installments beginning on February 16, 2017; d) The settlement agreement provides that the Court shall retain jurisdiction A Professional Corporation One Wilshire Building, 624 South Grand Avenue, 22nd Floor Los Angeles, California 90017 10 to enforce the terms of the settlement, including the stipulated judgment should L.A. 11 Checker Cab fail to comply with the terms of the settlement agreement; 12 e) 13 Therefore, the Court orders as follows: 14 a) 15 16 Defendants McCreery and Atanesyan never appeared in this action; The Order to Show Cause re Dismissal set for January 24, 2017 at 8:30 am is taken off calendar. b) Pursuant to F.R.C.P. 41(a)(2), ProCentury’s complaint is dismissed 17 without prejudice as to L.A. Checker Cab and with prejudice as to McCreery and 18 Atanesyan, and L.A. Checker Cab’s counterclaim is dismissed with prejudice. 19 c) The Court shall retain jurisdiction to enforce the terms of the settlement, 20 including the stipulated judgment should L.A. Checker Cab fail to comply with the 21 terms of the settlement agreement. 22 23 24 25 IT IS SO ORDERED. DATED: 1/26/17 ____________________________________ JUDGE S. JAMES OTERO 26 27 28 2 [CASE NO.: 2:14-CV-6216-SJO-PLAX] [[PROPOSED] ORDER RE DISMISSAL] 515107.1

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