Mission Linen Supply v. City of Visalia

Filing 78

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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1 2 3 4 5 6 7 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 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA - FRESNO DIVISION 10 11 12 13 14 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; 17 18 v. PARAGON CLEANERS, INC. (formerly sued as GREGORY SMITH, an individual); et al. Defendants. 19 20 21 Case No.: 1:15-CV-00672-AWI-EPG MISSION LINEN SUPPLY, a California Corporation, Plaintiff, 22 23 24 25 STIPULATION AND [PROPOSED] ORDER SETTING A SETTLEMENT CONFERENCE Plaintiffs, 15 16 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. 26 27 28 -1STIPULATION AND [PROPOSED] ORDER SETTING A SETTLEMENT CONFERENCE 1:11-CV-01257-AWI-BAM and 1:15-CV-00672-AWI-EPG 1 This stipulation is made by and between plaintiffs and counter-defendants Gary Coppola, an 2 individual; Gary Coppola, as Successor Trustee of The Viola M. Coppola Irrevocable Trust; Gary 3 Coppola, as Trustee of The Anthony M. Coppola Trust, and defendants, counter and cross-claimants, 4 and cross-defendants Paragon Cleaners, Inc.; Richard Laster; The Estate of Decatur Higgins, 5 deceased; The Estate of Mabel Elaine Higgins, deceased; Nash Properties, LLC; David H. Nash, as 6 the Successor Co-Trustee of The Jane Nash Trust; Richard P. Nash, as the Successor Co-Trustee of 7 The Jane Nash Trust; and the City of Visalia (collectively “Coppola Parties”); as well as plaintiff 8 Mission Linen Supply and defendant City of Visalia (collectively “Mission Linen Parties”). 9 The Parties, through their respective counsel of record, hereby stipulate and request that the 10 Court set a Settlement Conference to be coordinated in both of the above-referenced cases. The 11 Parties request that the Settlement Conference be scheduled on September 13, 2017 at 10:30 a.m., or 12 at a time convenient for the Court, and that the Settlement Conference be held before Magistrate 13 Judge Grosjean or Magistrate Judge McAuliffe, subject to availability. 14 There is good cause to set a settlement conference coordinated in these matters as both cases 15 have been assigned to Senior District Court Judge, Anthony Ishii, have similar factual and legal 16 issues, as well as insurance coverage issues, particularly with respect to the City. The City’s 17 insurance carriers in both cases are identical and coverage in one case is impacted by the other case. 18 As set forth below, all of the City’s insurance carriers need to attend to ensure a final, universal 19 settlement in both cases. 20 21 With respect to the Coppola v. Paragon case: 1. Good cause exists in ordering Counsel for the Coppola Parties to attend a 22 settlement conference because the Coppola Parties have reached a settlement in principal in the 23 Coppola v. Paragon case. However, the case cannot be dismissed and the settlement funded, unless 24 and until the City resolves pending issues with its insurance carriers. Despite efforts by the Parties, 25 they have been unable to finalize the settlement as a result of the insurance carriers. 26 27 28 -2STIPULATION AND [PROPOSED] ORDER SETTING A SETTLEMENT CONFERENCE 1:11-CV-01257-AWI-BAM and 1:15-CV-00672-AWI-EPG 1 2. The Parties stipulate and request that all of the City’s insurance claims 2 representatives, primary and excess, and coverage counsel, with full settlement authority, be required 3 to attend the Settlement Conference in person. 4 3. The Parties further stipulate and request that the Court excuse from attendance 5 Counsel and/or any party representatives for the Higgins/Nash Parties, as well as the Paragon and 6 Laster Parties as there are no remaining issues with respect to their settlements, except for finalizing 7 the global settlement conditioned on the issues set forth above. 8 With respect to the Mission Linen v. City case: 9 10 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. 11 2. The Parties stipulate and request that all of the City’s insurance claims 12 representatives, primary and excess, and coverage counsel, with full settlement authority, be required 13 to attend the Settlement Conference in person. 14 The Parties further stipulate and agree that should it benefit the Court, the Coppola Parties 15 and Mission Linen Parties submit confidential settlement conference statements to the selected 16 Magistrate Judge at least 5 days before the scheduled conference, or at another time convenient to 17 the Court. 18 It is so stipulated and respectfully submitted to the Court. 19 20 Date: August 25, 2017 GREBEN & ASSOCIATES 21 22 23 24 25 26 /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 27 28 -3STIPULATION 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 (per authorization) 2 /s/ Lori J. Gualco Lori J. Gualco Attorney for Defendant RICHARD LASTER 3 4 5 GUALCO LAW Date: August 25, 2017 (per authorization) GUALCO LAW 6 /s/ Lori J. Gualco Lori J. Gualco Attorney for Defendant PARAGON CLEANERS, INC. 7 8 9 10 Date: August 25, 2017 (per authorization) 11 HERR, PEDERSEN & BERGLUND LLP /s/ Leonard C. Herr Leonard C. Herr Attorney for Defendant CITY OF VISALIA 12 13 14 Date: August 25, 2017 15 (per authorization) WILLIAMS, BRODERSEN & PRITCHETT LLP 16 17 18 19 20 21 22 23 24 25 26 27 /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 28 -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 2 (per authorization) GUALCO LAW 4 /s/ Lori J. Gualco Lori J. Gualco Attorney for Plaintiff MISSION LINEN SUPPLY 5 Date: August 25, 2017 GREBEN & ASSOCIATES 3 6 /s/ Jan A. Greben Jan A. Greben Christine M. Monroe Attorneys for Plaintiff MISSION LINEN SUPPLY 7 8 9 10 Date: August 25, 2017 11 (per authorization) HERR, PEDERSEN & BERGLUND LLP 12 /s/ Leonard C. Herr Leonard C. Herr Attorney for Defendant CITY OF VISALIA 13 14 15 [PROPOSED] ORDER 16 Based on the foregoing stipulation, and good cause appearing thereon, it is HEREBY 17 ORDERED that: 18 1. Counsel for plaintiff Mission Linen Supply and defendant City of Visalia are required to 19 attend a Settlement Conference; 20 2. Counsel for plaintiffs and counter-defendants Gary Coppola, an individual; Gary Coppola, as 21 Successor Trustee of The Viola M. Coppola Irrevocable Trust; Gary Coppola, as Trustee of 22 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 24 attend a Settlement Conference; 25 3. Attendance by Mr. Williams, counsel for The Estate of Decatur Higgins, deceased; The 26 Estate of Mabel Elaine Higgins, deceased; Nash Properties, LLC; David H. Nash, as the 27 28 -5STIPULATION AND [PROPOSED] ORDER SETTING A SETTLEMENT CONFERENCE 1:11-CV-01257-AWI-BAM and 1:15-CV-00672-AWI-EPG 1 Successor Co-Trustee of The Jane Nash Trust; Richard P. Nash, as the Successor Co-Trustee 2 of The Jane Nash Trust, is not mandatory; 4. All of the City’s insurance claims representatives, primary and excess, and coverage counsel, 3 4 with full settlement authority, are required to attend in-person; 5 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 6 7 6. The Parties shall submit a confidential settlement conference statement to Magistrate 8 Judge McAuliffe on or before September 6, 2017. 9 10 11 IT IS SO ORDERED. Dated: August 28, 2017 SENIOR DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 27 28 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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