Wallis et al v. Centennial Insurance Company Inc et al

Filing 343

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 05/13/16 ORDERING that the Supersedeas Bond posted by Counterdefendants is hereby fully and unconditionally DISCHARGED RELEASED AND EXONERATED and that the Surety is hereby released from any and all past, present, and future liability in connection with the issuance of the Supersedeas Bond. Clerk is directed to return the canceled Supersedeas Bond to counsel for Counterdefendants (cc: Financial). (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, Counterdefendants
and Third-Party Defendant
Dale M. Wallis, James L. Wallis,
Hygieia Biological Laboratories
and Joanna R. Mendoza

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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)
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Plaintiffs,
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v.
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CENTENNIAL INSURANCE COMPANY, )
INC., a New York corporation, ATLANTIC )
MUTUAL INSURANCE, CO., INC., a
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New York corporation,
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Defendants.
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___________________________________ )
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AND RELATED COUNTERCLAIM
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______________________________________ )
DALE M. WALLIS, D.V.M., JAMES L.
WALLIS, and HYGIEIA BIOLOGICAL
LABORATORIES, INC., a California
Corporation,

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
STIPULATION FOR
CANCELLATION, RELEASE, AND
DISCHARGE OF
COUNTERDEFENDANTS’
SUPERSEDEAS BOND; PROPOSED
ORDER

COMPLAINT FILED: 4/6/09

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________________________________________________________________________
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STIPULATION FOR CANCELLATION, RELEASE, AND DISCHARGE OF COUNTERDEFENDANTS’
SUPERSEDEAS BOND; PROPOSED ORDER

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The parties to his action, by and through their respective counsel, by

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stipulation, request the Court for an Order canceling, releasing, and discharging

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the Supersedeas Bond that Plaintiffs and Counterdefendants Dale M. Wallis,

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D.V.M., James L. Wallis, and Hygieia Biological Laboratories, Inc.

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(“Counterdefendants”) posted in connection with their appeal of this matter to

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the Ninth Circuit Court of Appeals.

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In support of this request, the parties state as follows:

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1. Judgment in this action was filed on November 12, 2013 (Doc. No. 269)

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and amended on February 20, 2014 (Doc. No. 277).

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2. Counterdefendants appealed the judgment on March 21, 2014 (Doc. No.

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288). On December 30, 2015, Counterdefendants lodged a Supersedeas

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Bond, International Fidelity Insurance Company as Surety, Bond No.

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0684640, in the amount of $108,747.00 (Doc. No. 332). This Court, on

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February 17, 2016, approved the bond (Doc. No. 336).

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3. On March 21, 2016, the Ninth Circuit Court of Appeals issued its

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Memorandum decision and affirmed the Judgment (Doc. No. 339), and

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on April 4, 2016, issued its Mandate (Doc. No. 340).

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4. On April 20, 2016, Counterdefendants satisfied the Judgment in full by

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tender of a check in the amount of $92,054.82 to Counterclaimants’

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counsel.

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5. The parties request that the Court enter the proposed order, set forth

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below, ordering that the Supersedeas Bond is no longer required and is

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hereby fully and unconditionally discharged released, and exonerated

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and that the Surety is hereby released from any and all past, present,

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and future liability in connection with the issuance of the Supersedeas

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Bond, and directing the Clerk to return the canceled Supersedeas Bond

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to counsel for Counterdefendants.

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________________________________________________________________________
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STIPULATION FOR CANCELLATION, RELEASE, AND DISCHARGE OF COUNTERDEFENDANTS’
SUPERSEDEAS BOND; PROPOSED ORDER

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Dated: April 11 , 2016

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

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SELVIN WRAITH HALMAN LLP

Dated: May 13 , 2016

LAW OFFICE OF JOEL C. BAIOCCHI

By: /s/
Joel C. Baiocchi
Attorney for Plaintiffs/Counterdefendants
Dale M. Wallis, D.V.M., James L. Wallis, and
Hygieia Biological Laboratories, Inc.

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________________________________________________________________________
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STIPULATION FOR CANCELLATION, RELEASE, AND DISCHARGE OF COUNTERDEFENDANTS’
SUPERSEDEAS BOND; PROPOSED ORDER

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IT IS SO ORDERED.
1. The Supersedeas Bond posted by Counterdefendants is hereby fully and

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unconditionally discharged released, and exonerated, and that the

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Surety is hereby released from any and all past, present, and future

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liability in connection with the issuance of the Supersedeas Bond.

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2. The Clerk is directed to the Clerk to return the canceled Supersedeas

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Bond to counsel for Counterdefendants.

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Dated: May 13, 2016

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________________________________________________________________________
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STIPULATION FOR CANCELLATION, RELEASE, AND DISCHARGE OF COUNTERDEFENDANTS’
SUPERSEDEAS BOND; PROPOSED ORDER

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PROOF OF SERVICE

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I declare that I am over the age of 18. I am not a party to this cause. I am

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an attorney at law with my office located at 33340 Main Street, Dutch Flat,

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California 95714.

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On April ___, 2016, I served the following:

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STIPULATION FOR CANCELLATION, RELEASE, AND DISCHARGE OF

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COUNTERDEFENDANTS’ SUPERSEDEAS BOND; PROPOSED ORDER
BY ELECTRONIC FILE TRANSFER TO ECF FILE AND SERVE:

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By transmitting a true copy of the documents listed above for service on all

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parties to this action pursuant to applicable statutes, local rules, and/or order of

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this Court.

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Gary R. Selvin
SELVIN WRAITH HALMAN LLP
505 14th Street, Suite 1200
Oakland, CA 94612
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]

Attorney for Defendants

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I declare under penalty of perjury under the laws of the United
States that the foregoing is true and correct.
Executed this __th day of April, 2016, in Dutch Flat, California.

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___/s/ Joel C. Baiocchi_____

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JOEL C. BAIOCCHI

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________________________________________________________________________
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STIPULATION FOR CANCELLATION, RELEASE, AND DISCHARGE OF COUNTERDEFENDANTS’
SUPERSEDEAS BOND; PROPOSED ORDER