Viola Coppola, et al v. Gregory Smith, et al

Filing 468

STIPULATION and ORDER Regarding Further Mediation and Status Conference Deadlines and ORDER Resetting Status Conference to April 24, 2017 signed by District Judge Anthony W. Ishii on 3/14/2017: It is hereby ordered that the Parties shall mediate wit h neutral, Timothy Gallagher, on April 13, 2017 commencing at 9 a.m. at Mr. Gallaghers office. Counsel and the Parties' insurers with settlement authority are required to attend the settlement/mediation session in person. The April 10, 2017 dead line to file a joint status conference statement is continued. No later than April 17, 2017, the Parties shall submit a joint status report that outlines the status of the case, discusses any new development that would weigh on the trial, and include s agreeable new trial dates. The Status Conference scheduled for 4/17/2017, at 1:30 p.m. in Courtroom No. 2 is RESET to 4/24/2017 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. (Valdez, E) Modified on 3/14/2017 (Valdez, E).

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GREBEN & ASSOCIATES
125 E. DE LA GUERRA ST., STE 203
SANTA BARBARA, CA 93101
TEL: [phone]
FAX: [phone]

Jan A. Greben, SBN 103464
[e-mail]
Christine M. Monroe, SBN 304573
[e-mail]
Attorneys for Plaintiffs and Counter Defendants GARY COPPOLA, an individual; GARY
COPPOLA, as SUCCESSOR TRUSTEE OF THE VIOLA M. COPPOLA IRREVOCABLE
TRUST; and GARY COPPOLA, as TRUSTEE OF THE ANTHONY M. COPPOLA TRUST

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA - FRESNO DIVISION

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GARY COPPOLA, an individual, GARY
COPPOLA, as SUCCESSOR TRUSTEE OF
THE VIOLA M. COPPOLA IRREVOCABLE
TRUST; and GARY COPPOLA, as
TRUSTEE OF THE ANTHONY M.
COPPOLA TRUST;
Plaintiffs,

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v.

Case No.: 1:11-CV-01257-AWI-BAM

STIPULATION AND [PROPOSED]
ORDER REGARDING FURTHER
MEDIATION AND STATUS
CONFERENCE DEADLINES and ORDER
RESETTING STATUS CONFERENCE TO
APRIL 24, 2017

PARAGON CLEANERS, INC. (formerly
sued as GREGORY SMITH, an individual); et
al.
Defendants.
On March 13, 2017, the parties filed the following stipulation:

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This stipulation and proposed order is made by and between Gary Coppola, Gary Coppola as

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successor trustee of the Viola M. Coppola Irrevocable Trust, Gary Coppola as trustee of the Anthony

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M. Coppola Trust, Paragon Cleaners, Inc., Richard Laster, the Estate of Decatur Higgins, the Estate

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of Mabel Elaine Higgins, Nash Properties LLC, David H. Nash as successor co-trustee of the Jane

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Nash Trust, Richard P. Nash as successor co-trustee of the Jane Nash Trust, and the City of Visalia

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(collectively referred to herein as “the Parties”).

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-1STIPULATION AND ORDER REGARDING FURTHER MEDIATION
1:11-CV-01257-AWI-BAM

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Whereas, on January 24, 2017, the Court entered an Order staying the case and ordering the
parties to mediation with neutral, Timothy Gallagher. [Document 457.]

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Whereas, consistent with the Order [Document 457] the Parties have participated in

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mediation sessions with Mr. Gallagher and have made progress, but have not yet reached a

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settlement.

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Whereas, the Parties have a further status conference with the Court on April 17, 2017. A

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joint status report is to be filed on April 10, 2017 in advance of the status conference. [Document

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457.]

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Whereas, the Parties and Mr. Gallagher have agreed that an additional mediation session is

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necessary to bring this matter to conclusion and to compel the personal attendance by the Court of

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each of the Parties’ carriers with authority to settle the case to attend and participate in such session

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at Mr. Gallagher’s office located at 1875 Century Park East, Los Angeles, California, scheduled for

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a reserved date of April 13, 2017 at 9 a.m. for this matter.

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The Parties hereby stipulate and agree that a further settlement/mediation conference be set

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for April 13, 2017 with mediator, Timothy Gallagher, at his office in Los Angeles, California. The

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Parties further request that the Court require counsel and the Parties’ insurers with settlement

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authority to attend such settlement/mediation conference in person.

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The Parties further stipulate, and respectfully request that the Court extend the deadline to
file a joint status report until after the settlement conference, to April 14, 2017.

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21 Date: March 13, 2017

GREBEN & ASSOCIATES

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/s/ Jan A. Greben
Jan A. Greben
Attorneys for Plaintiffs and Counter Defendants
GARY COPPOLA, an individual; GARY
COPPOLA, as SUCCESSOR TRUSTEE OF
THE VIOLA M. COPPOLA IRREVOCABLE
TRUST; and GARY COPPOLA, as TRUSTEE
OF THE ANTHONY M. COPPOLA TRUST

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-2STIPULATION AND ORDER REGARDING FURTHER MEDIATION
1:11-CV-01257-AWI-BAM

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Date: March 13, 2017
(per authorization)

/s/ Lori J. Gualco
Lori J. Gualco
Attorney for Defendant RICHARD LASTER

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GUALCO LAW

Date: March 13, 2017
(per authorization)

GUALCO LAW
/s/ Lori J. Gualco
Lori J. Gualco
Attorney for Defendant PARAGON CLEANERS,
INC.

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Date: March 13, 2017
(per authorization)

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HERR, PEDERSEN & BERGLUND LLP

/s/ Leonard C. Herr
Leonard C. Herr
Attorneys for Defendant CITY OF VISALIA

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Date: March 14, 2017
(per authorization)

WILLIAMS, BRODERSEN & PRITCHETT LLP

_/s/ Steven R. Williams
Steven R. Williams
Attorney for Defendants THE ESTATE OF
DECATUR HIGGINS, deceased; THE ESTATE
OF MABEL ELAINE HIGGINS, deceased; NASH
PROPERTIES, LLC; DAVID H. NASH, as the
SUCCESSOR CO-TRUSTEE OF THE JANE
NASH TRUST, a trust treated under the terms of
the Last Will and Testament Of Mabel Elaine
Higgins, formerly known as the Mabel Elaine
Higgins Testamentary Trust and commonly known
as the Jane Higgins Nash Trust; and RICHARD P.
NASH, as the SUCCESSOR CO-TRUSTEE OF
THE JANE NASH TRUST, a trust created under
the terms of the Last Will and Testament Of Mabel
Elaine Higgins, formerly known as the Mabel
Elaine Higgins Testamentary Trust and commonly
known as the Jane Higgins Nash Trust

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-3STIPULATION AND ORDER REGARDING FURTHER MEDIATION
1:11-CV-01257-AWI-BAM

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The Court will give effect to the stipulation. However, in light of a criminal matter that also
is set for April 17, 2017 at 1:30 p.m., the Court finds that it is advisable to move the status

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conference to April 24, 2017.

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ORDER

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Accordingly, IT IS HEREBY ORDERED that:

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1. The Parties shall mediate with neutral, Timothy Gallagher, on April 13, 2017

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commencing at 9 a.m. at Mr. Gallagher’s office. Counsel and the Parties’ insurers with

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settlement authority are required to attend the settlement/mediation session in person.

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2. The April 10, 2017 deadline to file a joint status conference statement is continued. No

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later than April 17, 2017, the Parties shall submit a joint status report that outlines the

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status of the case, discusses any new development that would weigh on the trial, and

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includes agreeable new trial dates.

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3. The status conference scheduled for April 17, 2017, at 1:30 p.m. in Courtroom No. 2 is
RESET to April 24, 2017, at 1:30 p.m. in Courtroom No. 2.

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IT IS SO ORDERED.
Dated: March 14, 2017
SENIOR DISTRICT JUDGE

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-4STIPULATION AND ORDER REGARDING FURTHER MEDIATION
1:11-CV-01257-AWI-BAM