Winton Way Shellers/Verdegaal Farms v. Golden Eagle Insurance Corporation et al

Filing 13

STIPULATION and ORDER REMANDING ACTION to Merced County Superior Court, signed by Chief Judge Anthony W. Ishii on 5/9/2011. CASE CLOSED. Copy of remand order mailed to Merced County Superior Court. (Jessen, A)

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1 2 3 4 PAMELA E. COGAN (SBN 105089) ROBERT M. FORNI, JR. (SBN 180841) ROPERS, MAJESKI, KOHN & BENTLEY 1001 Marshall Street, Suite 300 Redwood City, CA 94063-2052 Telephone: (650) 364-8200 Facsimile: (650) 780-1701 Email: pcogan@rmkb.com; rforni@rmkb.com 5 6 Attorneys for Defendant, PEERLESS INSURANCE COMPANY. 7 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 A Professional Corporation Redwood City Ropers Majeski Kohn & Bentley 8 11 12 WINTON WAY SHELLERS/ VERDEGAAL FARMS, (Formerly Merced Court Case No. CV-001693) Plaintiff, 13 14 15 16 CASE NO. 1:11-cv-00587-AWI-SMS STIPULATION AND ORDER REMANDING ACTION v. GOLDEN EAGLE INSURANCE CORPORATION, PEERLESS INSURANCE COMPANY; AND DOES 1 through 10, inclusive 17 Defendants. 18 19 WHEREAS, plaintiffs Winton Way Shellers/Verdegaal Farms (hereinafter “plaintiffs”), 20 individually or jointly, do not seek, and will not recover, in the above-captioned action or any 21 case pending before this or any court damages in excess of $75,000 (including insurance benefits, 22 special damages, economic damages, general damages, non-economic damages, attorney fees, 23 and punitive damages), excluding costs of suit and interest, arising from, related to or in 24 connection with, directly or indirectly, the subject matter of this litigation, including Claim 25 Number 303856540 regarding plaintiffs’ claim or claims for insurance benefits under Policy No. 26 CBP 8692462, effective June 20, 2009 to June 20, 2010, written by defendant Peerless Insurance 27 Company (hereinafter “the Claim”); nor will plaintiffs, individually or jointly, do so in the future 28 for any reason; RC1/5984497.1/RR2 STIPULATION AND ORDER REMANDING ACTION CASE NO 1:11-CV-00587-AWI-SMS. 1 WHEREAS, no judgment in favor of plaintiffs, individually or jointly, in the above- 2 captioned action pending before this court or any other court shall exceed $75,000, excluding 3 costs of suit and interest; 4 WHEREAS, plaintiffs waive, and are estopped from asserting, any right to seek, or to recover, in the above-captioned action any damages of any type in excess of $75,000, excluding 6 costs of suit and interest, arising from, related to or in connection with, directly or indirectly, the 7 subject matter of this litigation, including the Claim, based on any facts, losses or claims that are 8 not presently known to plaintiffs or their attorneys, that may have been underestimated in amount 9 or severity, or that are discovered after the execution of this Stipulation; 10 A Professional Corporation Redwood City Ropers Majeski Kohn & Bentley 5 WHEREAS, plaintiffs and defendant Peerless Insurance Company (hereinafter 11 “Peerless”), by and through their respective counsel, have agreed to and executed the Stipulation 12 and Proposed Order Limiting Amount in Controversy and Damages Recoverable attached hereto 13 as Exhibit “A,” which shall be filed with the Merced County Superior Court following the 14 remand of this action; 15 WHEREAS, Peerless consents to the remand of this action to the Merced County 16 Superior Court based on the foregoing, and subject to the terms of this Stipulation and the 17 Stipulation and Proposed Order Limiting Amount in Controversy and Damages Recoverable 18 attached hereto as Exhibit “A”; 19 WHEREAS, in the event that plaintiffs, individually or jointly, seek, or attempt to 20 recover, damages in excess of $75,000, excluding costs of suit and interest, in the above- 21 captioned action, Peerless may remove this action to the United States District Court for the 22 Eastern District of California, pursuant to 28 U.S.C. § 1441(b); 23 IT IS HEREBY STIPULATED AND AGREED by and between plaintiffs and Peerless, 24 by and through their respective counsel, that the above-captioned action shall be, and hereby is 25 remanded to the Merced County Superior Court. 26 27 28 RC1/5984497.1/RR2 -2- STIPULATION AND ORDER REMANDING ACTION CASE NO 1:11-CV-00587-AWI-SMS 1 Dated: May 5, 2011 SILVEIRA, MATTOS & LEWIS 2 3 By: /s/ Weldon J. Mattos, Jr. WELDON J. MATTOS, JR. Attorneys for Plaintiffs, WINTON WAY SHELLERS/ VERDEGAAL FARMS, 4 5 6 Dated: May 5, 2011 ROPERS, MAJESKI, KOHN & BENTLEY 7 By: /s/ Robert M. Forni, Jr. PAMELA E. COGAN ROBERT M. FORNI, JR. Attorneys for Defendant, PEERLESS INSURANCE COMPANY 9 10 A Professional Corporation Redwood City Ropers Majeski Kohn & Bentley 8 11 ORDER 12 The foregoing stipulation is approved. Based upon the stipulation of the parties, and for 13 good cause shown, the above-captioned action shall be, and hereby is remanded to the Merced 14 County Superior Court. In the event that plaintiffs Winton Way Shellers/Verdegaal Farms, 15 individually or jointly, hereafter seek, or attempt to recover, damages in this action in excess of 16 $75,000, excluding costs of suit and interest, defendant Peerless Insurance Company may remove 17 this action to the United States District Court for the Eastern District of California, pursuant to 28 18 U.S.C. § 1441(b). 19 20 21 IT IS SO ORDERED. 22 Dated: May 9, 2011 23 24 CHIEF UNITED STATES DISTRICT JUDGE DEAC_Signature-END: 0m8i788 25 26 27 28 RC1/5984497.1/RR2 -3- STIPULATION AND ORDER REMANDING ACTION CASE NO 1:11-CV-00587-AWI-SMS

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