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