ProCentury Insurance Company v. L.A. Checker Cab Cooperative, Inc. et al
Filing
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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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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
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Attorneys for Plaintiff and CounterclaimDefendant ProCentury Insurance
8 Company
UNITED STATES DISTRICT COURT
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A Professional Corporation
One Wilshire Building, 624 South Grand Avenue, 22nd Floor
Los Angeles, California 90017
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CENTRAL DISTRICT OF CALIFORNIA
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Case No.: 2:14-cv-6216-SJO-PLAx
ProCentury Insurance Company,
Assigned to the Hon. S. James Otero
Plaintiff,
v.
ORDER RE DISMISSAL
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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
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Defendants.
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L.A. Checker Cab Cooperative, Inc.,
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Filing Date:
Trial Date:
Pre-Trial Conf.:
Counter-claimant,
August 7, 2014
January 24, 2017
January 17. 2017
v.
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 RE DISMISSAL]
515107.1
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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
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dismiss its complaint without prejudice against L.A. Checker Cab within ten days of
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receipt of L.A. Checker Cab’s initial down payment and requires L.A. Checker Cab to
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dismiss its counterclaim as well;
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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
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to enforce the terms of the settlement, including the stipulated judgment should L.A.
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Checker Cab fail to comply with the terms of the settlement agreement;
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e)
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Therefore, the Court orders as follows:
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a)
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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
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without prejudice as to L.A. Checker Cab and with prejudice as to McCreery and
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Atanesyan, and L.A. Checker Cab’s counterclaim is dismissed with prejudice.
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c)
The Court shall retain jurisdiction to enforce the terms of the settlement,
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including the stipulated judgment should L.A. Checker Cab fail to comply with the
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terms of the settlement agreement.
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IT IS SO ORDERED.
DATED:
1/26/17
____________________________________
JUDGE S. JAMES OTERO
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[CASE NO.: 2:14-CV-6216-SJO-PLAX]
[[PROPOSED] ORDER RE DISMISSAL]
515107.1
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