Lampkin v. Metropolitan Direct Property and Casualty Insurance Company

Filing 13

STIPULATION AND ORDER signed by Judge John A. Mendez on 10/3/12: This action shall be, and hereby is remanded to the Sacramento County Superior Court. (cc: Superior Court)(Kaminski, H)

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STEPHEN J. ERIGERO (SBN 121616)
TAHEREH MAHMOUDIAN (SBN 217120)
ROPERS, MAJESKI, KOHN & BENTLEY
515 South Flower Street, Suite 1100
Los Angeles, CA 90071-2213
Telephone: [phone]
Facsimile: [phone]
Email:
[e-mail]
[e-mail]
Attorneys for Defendant
METROPOLITAN DIRECT PROPERTY
AND CASUALTY INSURANCE
COMPANY
UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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A Professional Corporation
Los Angeles

Ropers Majeski Kohn & Bentley

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MAIA LAMPKIN,

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[Honorable John A. Mendez]

Plaintiff,

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CASE NO. 2:12-CV-01193-JAM-KJN

v.

Former Sacramento County Superior
Court Action, Case No. 34-201200119137

METROPOLITAN DIRECT
PROPERTY AND CASUALTY
INSURANCE COMPANY and
DOES 1 through 100, inclusive,

STIPULATION AND ORDER
REGARDING REMANDING
ACTION

Defendants.

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STIPULATION

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WHEREAS, plaintiff MAIA LAMPKIN (hereinafter “Plaintiff”), does not

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seek, and will not recover, in the above-captioned action, before this or any court

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damages in excess of $75,000, excluding costs of suit, arising from, related to or in

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connection with, directly or indirectly, the subject matter of this litigation regarding

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Plaintiff’s claim or claims for insurance benefits under Policy No. 8993462920,

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written and issued by defendant METROPOLITAN DIRECT PROPERTY AND

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CASUALTY INSURANCE COMPANY to Plaintiff (hereinafter “the Claim”); nor

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will Plaintiff do so in the future for any reason;
RC1/6652040.3/AG

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STIPULATION AND [PROPOSED] ORDER
REGARDING REMANDING ACTION
CASE NO 2:12-CV-01193-JAM-KJN

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WHEREAS, no judgment in favor of Plaintiff in the above-captioned action

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pending before this court or any other court shall exceed $75,000, excluding costs

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of suit and interest;
WHEREAS, Plaintiff and defendant METROPOLITAN DIRECT

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PROPERTY AND CASUALTY INSURANCE COMPANY (hereinafter

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“METROPOLITAN”), by and through their respective counsel, have agreed to and

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executed the Stipulation and Proposed Order Limiting Amount in Controversy and

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Damages Recoverable attached hereto as Exhibit “A,” which shall be filed with the

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Sacramento County Superior Court following the remand of this action;

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A Professional Corporation
Los Angeles

Ropers Majeski Kohn & Bentley

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WHEREAS, METROPOLITAN consents to the remand of this action to the

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Sacramento County Superior Court based on the foregoing, and subject to the terms

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of this Stipulation and the Stipulation and Proposed Order Limiting Amount in

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Controversy and Damages Recoverable attached hereto as Exhibit “A”;

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IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff

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and METROPOLITAN, by and through their respective counsel, that the above-

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captioned action shall be, and hereby is remanded to the Sacramento County

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Superior Court.

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Dated: October ___, 2012

LAW OFFICES OF ALAN M. LASKIN

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By: /s/ Alan. M. Laskin___________
ALAN M. LASKIN
Attorneys for Plaintiff, MAIA
LAMPKIN

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RC1/6652040.3/AG

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STIPULATION AND [PROPOSED] ORDER
REGARDING REMANDING ACTION
CASE NO 2:12-CV-01193-JAM-KJN

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Dated: October ___, 2012

ROPERS, MAJESKI, KOHN &
BENTLEY

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By: /s/ Stephen J. Erigero
STEPHEN J. ERIGERO
TAHEREH MAHMOUDIAN
Attorneys for Defendant,
METROPOLITAN DIRECT
PROPERTY AND CASUALTY
INSURANCE COMPANY

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A Professional Corporation
Los Angeles

Ropers Majeski Kohn & Bentley

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ORDER
IT IS HEREBY ORDERED that, pursuant to the parties’ STIPULATION

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REMANDING ACTION (the “Stipulation”), the Stipulation is approved. Based
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upon the stipulation of the parties, and for good cause shown, the above-captioned
action shall be, and hereby is remanded to the Sacramento County Superior Court.

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IT IS SO ORDERED.
Dated: October 3, 2012

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/s/ John A. Mendez
HON. JOHN A. MENDEZ
Judge Of United States District Court,
Eastern District

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RC1/6652040.3/AG

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STIPULATION AND [PROPOSED] ORDER
REGARDING REMANDING ACTION
CASE NO 2:12-CV-01193-JAM-KJN