Topa Insurance Company v. Singh et al

Filing 91

STIPULATION and ORDER to be bound by non-party Intrade Industries, Inc.; order signed by Magistrate Judge Michael J. Seng on 6/14/2012. (Rooney, M)

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LINDA WENDELL HSU (SBN 162971)
[e-mail]
MARK INBODY (SBN 180862)
[e-mail]
NICHOLAS P. HONKAMP (SBN 261299)
[e-mail]
SELMAN BREITMAN LLP
33 New Montgomery, Sixth Floor
San Francisco, CA 94105
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Plaintiff
Topa Insurance Company

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UNITED STATES DISTRICT COURT

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LLP

Selman Breitman

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EASTERN DISTRICT OF CALIFORNIA

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ATTO
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Topa Insurance Company,

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CASE NO. 1:11-CV-1573-MJS

Plaintiff,

STIPULATION TO BE BOUND BY NONPARTY INTRADE INDUSTRIES, INC.

v.
Amrinder Singh, an individual; Pawandeep
Singh, an individual; Linton Stone Weeks and
Jan Taylor Weeks, individuals; Jorge Adrian
Chavero, an individual; Rebecca Chavero, an
individual; DBi Services, LLC, a corporation;
Royal Freight, LP, a corporation; Progressive
Insurance Company, a corporation; Hiscox
Insurance Company, a corporation; Northland
Insurance Company, a corporation; Truck
Service, Inc., a corporation; and Does 1 through
50, inclusive

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Defendants.

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The parties to this Stipulation are Topa Insurance Company ("Topa") and Intrade

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Industries, Inc. ("Intrade"). Topa and Intrade hereby stipulate, by and through their counsel, as

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follows:

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1.

Intrade agrees to be bound by any Order entered by the Court in this action as if it

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were a defendant hereto, including any Order concerning Topa's indemnity

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obligation under Policy No. TLH 002227-00 ("the Policy") as to claims arising out
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249853.2 601.31265

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STIPULATION TO BE BOUND BY NON-PARTY INTRADE INDUSTRIES, INC.
CASE NO. 1:11-CV-01573-MJS

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of the multi-vehicle auto accident described in the Complaint;
2.

Topa does not, and will not, contend that its defense obligation under the Policy is

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discharged by the deposit of the $1 million liability limit of the Policy with the

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Court in the Interpleader Action;

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3.

Intrade will not contest the allocation of the Policy's $1 million liability limit that

a.

Linton Stone Weeks and Jan Taylor Weeks

$959,000.00

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b.

Royal Freight, LP

$20,000.00

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c.

DBi Services, LLC

$10,000.00

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d.

Jorge Adrian Chavero and Rebecca Chavero

$7,500.00

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e.

Hiscox Insurance Company

$3,500.00

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f.

Northland Insurance Company

$0.00

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LLP

as follows:

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ATTO
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has been agreed to by the defendants to the Interpleader Action. The allocation is

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Selman Breitman

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g.

Progressive Insurance Company

$0.00

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h.

Truck Service, Inc.

$0.00

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DATED: May 14, 2012

SELMAN BREITMAN LLP

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By:

/s/___________________________________
LINDA WENDELL HSU (SBN 162971)
MARK INBODY (SBN 180862)
NICHOLAS P. HONKAMP (SBN 261299)
Attorneys for Plaintiff Topa Insurance Company

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DATED: May 14, 2012

WILKINS, DROLSHAGEN & CZESHINSKI, LLP

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By:
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__/s/__________________________________
JAMES H. WILKINS
Attorneys for Non-Party Intrade Industries, Inc.

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249853.2 601.31265

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STIPULATION TO BE BOUND BY NON-PARTY INTRADE INDUSTRIES, INC.
CASE NO. 1:11-CV-01573-MJS

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ORDER

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The Stipulation is hereby approved insofar as it reflects written agreement by its
signatories, one of whom is a party to this action, to the terms thereof.

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IT IS SO ORDERED.
Dated:

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June 14, 2012

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:

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LLP

Selman Breitman

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ci4d6

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ATTO
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249853.2 601.31265

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STIPULATION TO BE BOUND BY NON-PARTY INTRADE INDUSTRIES, INC.
CASE NO. 1:11-CV-01573-MJS