Viola Coppola, et al v. Gregory Smith, et al
Filing
481
STIPULATION and ORDER Setting a Settlement Conference set for 9/13/2017 at 09:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe, signed by District Judge Anthony W. Ishii on 8/28/2017. (The Parties shall submit a confidential settlement conference statement to Magistrate Judge McAuliffe on or before September 6, 2017.)(Kusamura, W)
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GREBEN & ASSOCIATES
125 E. DE LA GUERRA ST., STE 203
SANTA BARBARA, CA 93101
TEL: 805-963-9090
FAX: 805-963-9098
Jan A. Greben, SBN 103464
jan@grebenlaw.com
Christine M. Monroe, SBN 304573
christine@grebenlaw.com
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;
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v.
PARAGON CLEANERS, INC. (formerly
sued as GREGORY SMITH, an individual); et
al.
Defendants.
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Case No.: 1:15-CV-00672-AWI-EPG
MISSION LINEN SUPPLY, a California
Corporation,
Plaintiff,
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STIPULATION AND [PROPOSED]
ORDER SETTING A SETTLEMENT
CONFERENCE
Plaintiffs,
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Case No.: 1:11-CV-01257-AWI-BAM
STIPULATION AND [PROPOSED]
ORDER SETTING A SETTLEMENT
CONFERENCE
v.
CITY OF VISALIA, and Does 1-20, inclusive,
Defendant.
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-1STIPULATION AND [PROPOSED] ORDER SETTING A SETTLEMENT CONFERENCE
1:11-CV-01257-AWI-BAM and 1:15-CV-00672-AWI-EPG
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This stipulation is made by and between plaintiffs and counter-defendants Gary Coppola, an
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individual; Gary Coppola, as Successor Trustee of The Viola M. Coppola Irrevocable Trust; Gary
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Coppola, as Trustee of The Anthony M. Coppola Trust, and defendants, counter and cross-claimants,
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and cross-defendants Paragon Cleaners, Inc.; Richard Laster; The Estate of Decatur Higgins,
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deceased; The Estate of Mabel Elaine Higgins, deceased; Nash Properties, LLC; David H. Nash, as
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the Successor Co-Trustee of The Jane Nash Trust; Richard P. Nash, as the Successor Co-Trustee of
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The Jane Nash Trust; and the City of Visalia (collectively “Coppola Parties”); as well as plaintiff
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Mission Linen Supply and defendant City of Visalia (collectively “Mission Linen Parties”).
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The Parties, through their respective counsel of record, hereby stipulate and request that the
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Court set a Settlement Conference to be coordinated in both of the above-referenced cases. The
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Parties request that the Settlement Conference be scheduled on September 13, 2017 at 10:30 a.m., or
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at a time convenient for the Court, and that the Settlement Conference be held before Magistrate
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Judge Grosjean or Magistrate Judge McAuliffe, subject to availability.
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There is good cause to set a settlement conference coordinated in these matters as both cases
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have been assigned to Senior District Court Judge, Anthony Ishii, have similar factual and legal
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issues, as well as insurance coverage issues, particularly with respect to the City. The City’s
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insurance carriers in both cases are identical and coverage in one case is impacted by the other case.
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As set forth below, all of the City’s insurance carriers need to attend to ensure a final, universal
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settlement in both cases.
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With respect to the Coppola v. Paragon case:
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Good cause exists in ordering Counsel for the Coppola Parties to attend a
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settlement conference because the Coppola Parties have reached a settlement in principal in the
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Coppola v. Paragon case. However, the case cannot be dismissed and the settlement funded, unless
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and until the City resolves pending issues with its insurance carriers. Despite efforts by the Parties,
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they have been unable to finalize the settlement as a result of the insurance carriers.
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-2STIPULATION AND [PROPOSED] ORDER SETTING A SETTLEMENT CONFERENCE
1:11-CV-01257-AWI-BAM and 1:15-CV-00672-AWI-EPG
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2.
The Parties stipulate and request that all of the City’s insurance claims
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representatives, primary and excess, and coverage counsel, with full settlement authority, be required
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to attend the Settlement Conference in person.
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3.
The Parties further stipulate and request that the Court excuse from attendance
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Counsel and/or any party representatives for the Higgins/Nash Parties, as well as the Paragon and
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Laster Parties as there are no remaining issues with respect to their settlements, except for finalizing
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the global settlement conditioned on the issues set forth above.
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With respect to the Mission Linen v. City case:
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1.
Good cause exists in coordinating the settlement conference to set the
Settlement Conference at the same time because counsel are substantially the same in both cases.
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2.
The Parties stipulate and request that all of the City’s insurance claims
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representatives, primary and excess, and coverage counsel, with full settlement authority, be required
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to attend the Settlement Conference in person.
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The Parties further stipulate and agree that should it benefit the Court, the Coppola Parties
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and Mission Linen Parties submit confidential settlement conference statements to the selected
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Magistrate Judge at least 5 days before the scheduled conference, or at another time convenient to
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the Court.
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It is so stipulated and respectfully submitted to the Court.
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GREBEN & ASSOCIATES
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/s/ Jan A. Greben
Jan A. Greben
Christine M. Monroe
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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-3STIPULATION AND [PROPOSED] ORDER SETTING A SETTLEMENT CONFERENCE
1:11-CV-01257-AWI-BAM and 1:15-CV-00672-AWI-EPG
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Date: August 25, 2017
(per authorization)
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/s/ Lori J. Gualco
Lori J. Gualco
Attorney for Defendant RICHARD LASTER
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GUALCO LAW
Date: August 25, 2017
(per authorization)
GUALCO LAW
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/s/ Lori J. Gualco
Lori J. Gualco
Attorney for Defendant PARAGON
CLEANERS, INC.
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(per authorization)
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HERR, PEDERSEN & BERGLUND LLP
/s/ Leonard C. Herr
Leonard C. Herr
Attorney for Defendant CITY OF VISALIA
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Date: August 25, 2017
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WILLIAMS, BRODERSEN & PRITCHETT
LLP
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/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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-4STIPULATION AND [PROPOSED] ORDER SETTING A SETTLEMENT CONFERENCE
1:11-CV-01257-AWI-BAM and 1:15-CV-00672-AWI-EPG
1 Date: August 25, 2017
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GUALCO LAW
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/s/ Lori J. Gualco
Lori J. Gualco
Attorney for Plaintiff MISSION LINEN
SUPPLY
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GREBEN & ASSOCIATES
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/s/ Jan A. Greben
Jan A. Greben
Christine M. Monroe
Attorneys for Plaintiff MISSION LINEN
SUPPLY
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Date: August 25, 2017
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HERR, PEDERSEN & BERGLUND LLP
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/s/ Leonard C. Herr
Leonard C. Herr
Attorney for Defendant CITY OF VISALIA
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[PROPOSED] ORDER
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Based on the foregoing stipulation, and good cause appearing thereon, it is HEREBY
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ORDERED that:
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1. Counsel for plaintiff Mission Linen Supply and defendant City of Visalia are required to
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attend a Settlement Conference;
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2. Counsel for plaintiffs and counter-defendants Gary Coppola, an individual; Gary Coppola, as
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Successor Trustee of The Viola M. Coppola Irrevocable Trust; Gary Coppola, as Trustee of
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The Anthony M. Coppola Trust, and defendants, counter and cross-claimants, and cross23
defendants Paragon Cleaners, Inc.; Richard Laster; and the City of Visalia are required to
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attend a Settlement Conference;
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3. Attendance by Mr. Williams, counsel for The Estate of Decatur Higgins, deceased; The
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Estate of Mabel Elaine Higgins, deceased; Nash Properties, LLC; David H. Nash, as the
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-5STIPULATION AND [PROPOSED] ORDER SETTING A SETTLEMENT CONFERENCE
1:11-CV-01257-AWI-BAM and 1:15-CV-00672-AWI-EPG
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Successor Co-Trustee of The Jane Nash Trust; Richard P. Nash, as the Successor Co-Trustee
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of The Jane Nash Trust, is not mandatory;
4. All of the City’s insurance claims representatives, primary and excess, and coverage counsel,
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with full settlement authority, are required to attend in-person;
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5. The Settlement Conference is set for September 13, 2017 at 9:30 a.m. and will be held
before Magistrate Judge Barbara A. McAuliffe;1 and
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6. The Parties shall submit a confidential settlement conference statement to Magistrate
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Judge McAuliffe on or before September 6, 2017.
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IT IS SO ORDERED.
Dated: August 28, 2017
SENIOR DISTRICT JUDGE
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The Court notes that, as required by the Local Rules, the parties in these cases filed a “Notice Of Waiver Of
Disqualification Of Settlement Judgement Pursuant To Local Rule 270(b).” See Coppola Doc. No. 480; Mission Linen
Doc. No. 77.
-6STIPULATION AND [PROPOSED] ORDER SETTING A SETTLEMENT CONFERENCE
1:11-CV-01257-AWI-BAM and 1:15-CV-00672-AWI-EPG
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