Cavanaugh v. American National Property and Casualty Company et al

Filing 31

STIPULATION and ORDER TO JOIN CHAPTER 7 TRUSTEE GARY R. FARRAR AS PLAINTIFF signed by District Judge Troy L. Nunley on 12/4/15. (Mena-Sanchez, L)

E. Gerard Mannion (State Bar # 77287)
Demián I. Oksenendler (State Bar # 233416)
Kelly M. Mannion (State Bar # 278816)
MANNION & LOWE
655 Montgomery Street, Suite 1200
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiff
WILLIAM G. CAVANAUGH

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
WILLIAM G. CAVANAUGH,
Plaintiff,
v.
AMERICAN NATIONAL PROPERTY AND
CASUALTY COMPANY, AEROSPACE
INSURANCE MANAGERS, INC.,
AEROSPACE INSURANCE SERVICES,

Defendants.

) Case No. 1:15-CV-01177-TLN-SKO
)
)
)
) STIPULATION TO JOIN CHAPTER 7
) TRUSTEE GARY R. FARRAR AS A
) PLAINTIFF; ORDER
)
)
)
) Complaint Filed: July 29, 2015
) Trial Date: None
)
)
)
)
)

Whereas on July 29, 2015 plaintiff filed the complaint in this action for RECOVERY
PURSUANT TO INSURANCE CODE SECTION 11580, BREACH OF CONTRACT, AND
BREACH OF IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING;
Whereas plaintiff William G. Cavanaugh filed for Chapter 7 Bankruptcy on December 20,
2013;

Whereas Gary R. Farrar was re-appointed as the Trustee of the Cavanagh Bankruptcy Estate,
Case Number 13-92200-E-7 on July 8, 2014;
Whereas on November 13, 2015, Mr. Farrar, in his capacity as Trustee, was authorized by
the U.S. Bankruptcy Court of the Eastern District of California to employ Mannion & Lowe as
Special Counsel to prosecute the above captioned case, and did employ that firm;
Whereas Mr. Farrar, acting as Trustee, is an indispensable party to this action;
Whereas Counsel for the parties have agreed to allow Mr. Farrar, in his capacity as Trustee,
to join as a plaintiff in this action.
Therefore:
IT IS HEREBY STIPULATED BY THE PARTIES that Gary F. Farrar, in his capacity as
Chapter 7 Bankruptcy Trustee for William G. Cavanaugh, be added to the case as a plaintiff, with
Mr. William G. Cavanaugh, and assert all the claims asserted in the Complaint, in his capacity as
Trustee.

DATED: November 30, 2015

MANNION & LOWE
By:

DATED: November 30, 2015

/s/
E. GERARD MANNION, ESQ.
Counsel for Plaintiffs
WILLIAM G. CAVANAUGH and the
Bankruptcy Trustee, Gary Farrar

WORTHE HANSON & WORTHE
By:

/s/
JOHN R. HANSON, ESQ.
Counsel for Defendants, AMERICAN
NATIONAL PROPERTY AND CASUALTY
COMPANY, AEROSPACE INSURANCE
MANAGERS, INC.

ORDER
Having read and considered the foregoing stipulation for order joining an indispensable party
and good cause appearing therefor,
IT IS HEREBY ORDERED that Gary R. Farrar, in his capacity as Trustee be joined as a
plaintiff.

Dated: December 4, 2015

Troy L. Nunley
United States District Judge

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