Universal Casualty Company v. A&H Express, et al,.

Filing 47

ORDER signed by Judge Garland E. Burrell, Jr on 9/28/2011 re 37 ORDERING that Plaintiff shall deposit the referenced funds with the Clerk's Office within ten (10) days of the date on which this order is filed, or explain in a filing due no lat er than 4:00 p.m. on October 14, 2011, why the Stipulations should be considered notwithstanding Plaintiff's failure to deposit the referenced funds as stated in Plaintiff's "Notice of Intent to Deposit" filed on September 12, 2011.(Duong, D)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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UNIVERSAL CASUALTY COMPANY,

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Plaintiff,

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v.

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A & H EXPRESS, INC., AMANDEEP
SANDU, AJMER SINGH, JACKIE
FLETCHER, CLAYTON BAKER, ROBERT
NEWCOMER, DENENE DELGADO,
MICHAEL IRION, ESTATE OF CLAY
NEWCOMER, ESTATE OF DOTSIE
IRION, PROGRESSIVE CLASSIC
INSURANCE COMPANY, NATIONWIDE
MUTUAL INSURANCE COMPANY, 21ST
CENTURY INSURANCE COMPANY,

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Defendants.
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2:11-cv-354-GEB-EFB
ORDER

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On September 12, 2011 Plaintiff Universal Casualty Company

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filed a “Notice of Intent to Deposit” $492,881.10 with the Court, in

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which Plaintiff states this amount “was allocated to the potential heirs

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of Clayton Newcomer whose rights, if any, to the $492,881.10 remain to

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be determined by the Court.” (ECF No. 37.) Further, on September 14,

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2011

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Litigations or Proceedings” and a “Stipulation to Discharge Universal

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Casualty Company[.]” (ECF Nos. 40-41.)

Plaintiff

filed

a

“Stipulation

for

Entry

of

Order

Enjoining

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However, Plaintiff has yet to deposit the referenced amount

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with the Clerk’s Office. Therefore, it appears Plaintiff is seeking

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“discharge” from this action before it has deposited the referenced

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amount with the Clerk’s Office. The “Stipulation to Discharge Universal

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Casualty

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Plaintiff “is hereby discharged” even though Plaintiff has not yet done

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what Plaintiff states it intends to do in its “Notice of Intent to

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Deposit” filed September 12, 2011.

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Company”

The

seeks

above

a

ruling

referenced

from

the

Stipulations

undersigned

will

not

judge

be

that

further

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considered until after the referenced funds are deposited with the

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Court, or until after an explanation is provided why the Stipulations

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should nevertheless be considered.

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the referenced funds with the Clerk’s Office within ten (10) days of the

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date on which this order is filed, or explain in a filing due no later

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than 4:00 p.m. on October 14, 2011, why the Stipulations should be

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considered notwithstanding Plaintiff’s failure to deposit the referenced

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funds as stated in Plaintiff’s “Notice of Intent to Deposit” filed on

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September 12, 2011.

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Dated:

Therefore, Plaintiff shall deposit

September 28, 2011

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GARLAND E. BURRELL, JR.
United States District Judge

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