Wallis et al v. Centennial Insurance Company Inc et al

Filing 335

STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 01/15/16 ORDERING that the 326 Motion to Vacate orders of examination & quash service of orders is VACATED; the order of examination of the plaintiffs and judgment debtors shall b e vacated and any lien created by reason of the order is terminated. This order is made without prejudice, in the event the motion of plaintiffs and judgment debtors to post a supersedeas bond is denied, to new orders of examination, and related motions, consistent with this Stipulation and the parties prior Stipulation. (Benson, A)

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JOANNA R. MENDOZA, State Bar No. 148320
LAW OFFICES OF JOANNA R. MENDOZA, P.C.
P.O. Box 2593
Granite Bay, CA 95746
[phone]
[phone] FAX
[e-mail]
JOEL C. BAIOCCHI, State Bar No. 107095
LAW OFFICE OF JOEL C. BAIOCCHI
P.O. Box 67
Dutch Flat, CA 95714
[phone]
[phone]
[e-mail]
Attorneys for Plaintiffs and Counterdefendants
Dale M. Wallis, James L. Wallis,
Hygieia Biological Laboratories

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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA - SACRAMENTO
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DALE M. WALLIS, D.V.M., JAMES L.
WALLIS, and HYGIEIA BIOLOGICAL
LABORATORIES, INC. a California
Corporation,

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Plaintiffs,

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CASE NO.: 2:08-CV-02558-WBS-AC
Assigned to: Honorable William B. Shubb,
Courtroom 5, 14th Floor
Magistrate Judge Allison Claire, Courtroom 26,
8th Floor

v.
CENTENNIAL INSURANCE COMPANY,
INC., a New York corporation; ATLANTIC
MUTUAL INSURANCE CO., INC., a New
York corporation,

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Defendants.

STIPULATION TO WITHDRAW (1)
MOTION TO VACATE AND QUASH
ORDERS OF EXAMINATION AND (2)
EXAMINATION OF JUDGMENT
DEBTORS PENDING RULING ON
PLAINTIFFS’ MOTION TO POST
SUPERSEDEAS BOND

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///

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STIPULATION TO WITHDRAW (1) MOTION TO VACATE AND QUASH ORDERS OF
EXAMINATION AND (2) EXAMINATION OF JUDGMENT DEBTORS PENDING RULING
ON PLAINTIFFS’ MOTION TO POST SUPERSEDEAS BOND
CASE NO.: 2:08-CV-02558-WBS-AC

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THE PARTIES HERETO, by and through their respective counsel, stipulate as follows:

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WHEREAS on November 17, 2015, Defendants submitted an Ex Parte Application seeking

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Amended Order for Examination of Judgment Debtors Dale Wallis, James Wallis and Person Most

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Knowledgeable of Judgment Debtor Hygieia Biological Laboratories, Inc. (Docket no. 321).

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WHEREAS on November 23, 2015, the Court issued Amended Orders for Examination of
Judgment Debtors scheduling their appearance for December 9, 2015 (Docket no.s 322 - 324).

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WHERAS Pursuant to California Code of Civil Procedure §708.110(d) personal service of the

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order on the judgment debtor must occur not less than 10 days prior to the date specified for the

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examination.
WHEREAS Personal service was not able to be made on the judgment debtors 10 days prior

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to the December 9, 2015 date specified for examination.
WHEREAS the parties agreed to a set the date for examination of the judgment debtors on

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January 20, 2016, a date agreeable to all parties.
WHEREAS, judgment debtors intended to schedule a motion to vacate the orders of

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examination and to quash service of the orders of examination for the same hearing date.
WHEREAS, on December 14, 2015, the parties submitted a Stipulation and proposed order

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agreeing that the examination of judgment debtors would proceed on January 20, 2016, if their

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motion to vacate and quash was not granted, and therefore requested the Amended Order for

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Examination of Judgment Debtors be scheduled for January 20, 2016. The Stipulation further

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provided the judgment debtors reserved the right to file a motion to post a supersedeas bond so as to

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preclude any examination and/or other enforcement of the judgment (Docket no. 325).

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WHEREAS the judgment debtors filed their motion to vacate and quash the orders of
examination on December 14, 2016 (Docket no. 326).

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WHEREAS on December 18, 2015, the judgment debtors also filed a motion to post a

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supersedeas bond and stay enforcement of judgment, set for hearing on January 20, 2016 (Docket no.

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327).

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WHEREAS the Court, pursuant to the Stipulation of the parties, on December 21, 2015,

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STIPULATION TO WITHDRAW (1) MOTION TO VACATE AND QUASH ORDERS OF
EXAMINATION AND (2) EXAMINATION OF JUDGMENT DEBTORS PENDING RULING
ON PLAINTIFFS’ MOTION TO POST SUPERSEDEAS BOND
CASE NO.: 2:08-CV-02558-WBS-AC

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issued amended orders of examination of the judgment debtors (Docket no.s 328 – 330, as corrected,

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Docket no. 331).

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WHEREAS, defendants and judgment creditors do not intend to oppose the motion of
judgment debtors to post a supersedeas bond and to stay execution of the judgment.

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WHEREAS, the parties agree that the motion of the judgment debtors to post a supersedeas

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bond and to stay enforcement of judgment, if granted, renders the orders of examination, and the

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judgment debtor’s motion to vacate and quash the orders of examination moot.

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THEREFORE, the parties hereby stipulate, by and through their respective counsel,
that:
1. Judgment debtors withdraw their motion to vacate and quash the orders of examination of
the judgment debtors.
2. The order of examination of the judgment debtors shall be vacated and any lien created by
reason of the order is terminated.
3. Judgment creditors will file a notice of non-opposition to judgment debtors’ motion to
post a supersedeas bond and stay enforcement of judgment.

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4. In the event the Court denies the motion of plaintiffs and judgment debtors to post a

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supersedeas bond and stay enforcement of judgment, the parties agree to enter into a

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further stipulation to re-issue and re-schedule the orders of examination, and to set a

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hearing date on plaintiffs’ motion to vacate and quash said orders of examination,

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consistent with their prior Stipulation.

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5. Judgment debtors may not withdraw the supersedeas bond unless the Ninth Circuit

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reverses the judgment, or unless judgment debtors provide notice to judgment creditors

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and obtain court approval.

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STIPULATION TO WITHDRAW (1) MOTION TO VACATE AND QUASH ORDERS OF
EXAMINATION AND (2) EXAMINATION OF JUDGMENT DEBTORS PENDING RULING
ON PLAINTIFFS’ MOTION TO POST SUPERSEDEAS BOND
CASE NO.: 2:08-CV-02558-WBS-AC

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Dated: December 31, 2015

Law Office of Joel C. Baiocchi

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By: /s/ _____________________________
Attorney for Plaintiff
Dale M. Wallis, D.V.M., James Luard Wallis,
And Hygieia Biological Laboratories, Inc.

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Dated: December 31, 2015

SELVIN WRAITH HALMAN LLP

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By: /s/______________________________
Gary R. Selvin
Robin D. Korte
Attorneys for Defendants
Centennial Insurance Co. and Atlantic Mutual
Insurance Co. Inc.

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STIPULATION TO WITHDRAW (1) MOTION TO VACATE AND QUASH ORDERS OF
EXAMINATION AND (2) EXAMINATION OF JUDGMENT DEBTORS PENDING RULING
ON PLAINTIFFS’ MOTION TO POST SUPERSEDEAS BOND
CASE NO.: 2:08-CV-02558-WBS-AC

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IT IS SO ORDERED:
1. The request of judgment debtors’ to withdraw their motion to vacate and quash the orders
of examination of the judgment debtors is granted.
2. The order of examination of the plaintiffs and judgment debtors shall be vacated and any
lien created by reason of the order is terminated.
3. This order is made without prejudice, in the event the motion of plaintiffs and judgment

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debtors to post a supersedeas bond is denied, to new orders of examination, and related

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motions, consistent with this Stipulation and the parties’ prior Stipulation.

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Dated: January 15, 2016

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STIPULATION TO WITHDRAW (1) MOTION TO VACATE AND QUASH ORDERS OF
EXAMINATION AND (2) EXAMINATION OF JUDGMENT DEBTORS PENDING RULING
ON PLAINTIFFS’ MOTION TO POST SUPERSEDEAS BOND
CASE NO.: 2:08-CV-02558-WBS-AC