Penn-Star Insurance Co. v. The Trinity Logistics Group, Inc., et al.

Filing 23

STIPULATION AND ORDER signed by Chief Judge Morrison C. England, Jr. on 9/25/2015 ADDING Great West Casualty Company as a party defendant to this action; GRANTING declatory relief as to Great West Casualty Company as sought in the original 1 Complaint. (Michel, G.)

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JAMES C. NIELSEN (111889)
[e-mail]

TUNG KHUU (221381)
[e-mail]

NIELSEN, HALEY & ABBOTT LLP

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100 Smith Ranch Road, Suite 350
San Rafael, California 94903
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff,

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PENN-STAR INSURANCE COMPANY

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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STIPULATION AND ORDER
TO BE BOUND BY
DECLARATORY JUDGMENT
ACTION

Plaintiff,

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Case No. 1:15-CV-00931-GSA

PENN-STAR INSURANCE COMPANY, a
Pennsylvania corporation,

v.
THE TRINITY LOGISTICS GROUP, INC., a
Mississippi corporation; EFREN SANTOS, an
individual and as successor in interest to LETICIA
TREJO, deceased and RICARDO SANTOS,
deceased; REYNALDA SANTOS, an individual;
CESAR SANTOS, an individual and as guardian
ad litem for EDUARDO SANTOS, a minor;
MARIA E. SANTOS, an individual; EFREN J.
SANTOS, an individual; JOSE A. SANTOS, an
individual; JUAN M. SANTOS, an individual;
A2A TRANSPORTATION, INC., a California
corporation; ALONSO HERNANDEZ, an
individual; FRESHPOINT, INC., a Delaware
corporation; SYSCO CORPORATION, INC., a
Delaware corporation,
Defendants.

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STIPULATION AND ORDER TO BE BOUND BY DECLARATORY RELIEF AS PRAYED

STIPULATION

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Plaintiff Penn-Star Insurance Company, through its counsel, and Great West

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Casualty Company, through its counsel, hereby stipulate as follows:
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Penn-Star has filed this declaratory-judgment lawsuit against several

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defendants, including Alonso Hernandez and A2A Transportation, Inc., seeking a judicial

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determination of Penn-Star’s rights and obligations in connection with the underlying

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wrongful-death action styled Efren Santos, et al. v. Alonso Hernandez, et al., Fresno

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Superior Court of the County of Fresno case no. 14CECG02637.
2.

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Great West is a motor carrier liability insurer for Alonso Hernandez and A2A

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Transportation, Inc., and is affording them a defense and indemnity, pursuant to the terms,

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limitations and conditions of its policy No. MCP08767A, with respect to the underlying

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Santos action.
3.

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Penn-Star has provided to Great West copies of the pleadings and service

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papers in this declaratory-judgment lawsuit, and proposes to amend the complaint to name

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Great West as a party defendant to this action.
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Great West does not wish to be a party to this action, takes no position with

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respect to Penn-Star’s contentions set forth in its complaint as filed herein on June 19,

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2015, and does not oppose the granting of the relief sought by that complaint.

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STIPULATION AND ORDER TO BE BOUND BY DECLARATORY RELIEF AS PRAYED

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Great West therefore stipulates that, in consideration of Penn-Star forbearing

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to add it as a party defendant to this action, it does not and will not oppose the granting of

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the declaratory relief sought in the original complaint herein as filed on June 19, 2015; and

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that it will be bound to the extent of such relief, if granted.

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August 28, 2015

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LOSSING & ELSTON
By: /s/ Lawrence G. Lossing
Lawrence G. Lossing
Attorneys for Great West
Casualty Company

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August 31, 2015

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NIELSEN, HALEY & ABBOTT LLP
By: /s/ Tung Khuu
Tung Khuu
Attorneys for plaintiff
Penn-Star Insurance Company

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ORDER

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IT IS SO ORDERED.
Dated: September 25, 2015

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STIPULATION AND ORDER TO BE BOUND BY DECLARATORY RELIEF AS PRAYED

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