Naff et al v. State Farm General Insurance Company

Filing 102

ORDER GRANTING 101 Stipulation and Joint Motion to Vacate Judgment, signed by Magistrate Judge Jennifer L. Thurston on 10/17/2016. The Judgment on Verdict entered on 9/2/2016 is VACATED; Case DISMISSED WITH PREJUDICE; Parties waived all rights of appeal; Parties shall bear their own costs and attorney's fees. (Hall, S)

1 McCormick, Barstow, Sheppard,
Wayte & Carruth LLP
2 Gordon M. Park, #72190
Todd W. Baxter, #152212
3 Dana B. Denno, #227971
7647 North Fresno Street
4 Fresno, California 93720
Telephone:
[phone]
5 Facsimile:
[phone]
6 Attorneys for STATE FARM GENERAL
INSURANCE COMPANY
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION

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11 HALONDA NAFF and JARVIS NAFF,

Case No. 1:15-cv-00515-JLT

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STIPULATION AND JOINT MOTION TO
VACATE JUDGMENT AND ORDER
DISMISSAL WITH PREJUDICE; ORDER
THEREON
[FRCP 60, 41(a)(1)]

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Plaintiffs,
v.

14 STATE FARM GENERAL INSURANCE
COMPANY and DOES 1 through 25,
15 inclusive,
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Defendants.

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AND RELATED COUNTER-CLAIMS
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IT IS HEREBY STIPULATED by and between Plaintiffs/Counterdefendants HALONDA

21 NAFF and JARVIS NAFF, by and through their counsel Michael Marderosian of MARDEROSIAN
22 & COHEN, and Defendant/Counterclaimant STATE FARM GENERAL INSURANCE COMPANY,
23 by and through their counsel, Gordon M. Park of MCCORMICK BARSTOW, SHEPPARD WAYTE
24 & CARRUTH, LLP, as follows:
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1.

A settlement has been reached between all parties;

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2.

Pursuant to the terms of the settlement, the parties agree and jointly move pursuant to

27 Federal Rule of Civil Procedure 60(b)(5) and (6) that the Judgment entered by this Court on
28 September 2, 2016, well as the jury’s verdict, be vacated [Thomas v. City of Tacoma, 410 F.3d 644,
MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
7647 NORTH FRESNO STREET
FRESNO, CA 93720

STIPULATION AND JOINT MOTION TO VACATE JUDGMENT AND
ORDER DISMISSAL WITH PREJUDICE

1 647 n. 2 (9th Cir.2005) (In conjunction with vacating the judgment, a district court may also vacate
2 the verdict under which the judgment was entered after the parties reached a settlement agreement);
3 Adobe Systems, Inc. v. St. Paul Fire & Marine Insurance Company, 2008 WL 1743879 (N.D. Cal.
4 2008)(entry of order on stipulation to vacate summary judgment after settlement); Hebrew Univ. of
5 Jerusalem v. Gen. Motors LLC, 2015 WL 9653154, at *2 (C.D. Cal. 2015)(“the policy of promoting
6 settlement does weigh in favor of vacating the Judgment”)];
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3.

Pursuant to the terms of the settlement, the parties agree that the Complaint and

8 Counterclaim filed herein shall both be dismissed, with prejudice;
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4.

The parties waive all rights of appeal; and

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5.

The parties shall bear their own costs and attorney’s fees.

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Dated: October 12, 2016

MARDEROSIAN & COHEN

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By:

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/s/ Michael G. Marderosian
Michael G. Marderosian
Heather S. Cohen,
Attorneys for Plaintiffs
HALONDA NAFF and JARVIS NAFF

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19 Dated: October 14, 2016

McCORMICK, BARSTOW, SHEPPARD,
WAYTE & CARRUTH LLP

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/s/ Todd W. Baxter
Gordon M. Park
Todd W. Baxter
Dana B. Denno
Attorneys for STATE FARM GENERAL
INSURANCE COMPANY

By:

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24
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26 //
27 //
28 ///
MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
7647 NORTH FRESNO STREET
FRESNO, CA 93720

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STIPULATION AND JOINT MOTION TO VACATE JUDGMENT AND
ORDER DISMISSAL WITH PREJUDICE

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2

ORDER
Based on the stipulation of the parties pursuant to Federal Rule of Civil Procedure 60(b)(5) and

3 (6), the Court ORDERS:
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1.

The stipulation of the parties pursuant to Federal Rule of Civil Procedure 60(b)(5) and

5 (6) is GRANTED;
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2.

The Judgment on Verdict entered by this Court on September 2, 2016 and the Jury’s

7 Verdict is VACATED;
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3.

The matter in its entirety is DISMISSED WITH PREJUDICE;

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4.

The parties have waived all rights of appeal;

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5.

The parties shall bear their own costs and attorney’s fees.

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13 IT IS SO ORDERED.
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Dated:

October 17, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
7647 NORTH FRESNO STREET
FRESNO, CA 93720

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STIPULATION AND JOINT MOTION TO VACATE JUDGMENT AND
ORDER DISMISSAL WITH PREJUDICE