Lee et al v. Yang et al

Filing 147

ORDER signed by District Judge Troy L. Nunley on 7/14/14: The counter-claim in interpleader and the cross-claim filed by Great American Insurance Company are hereby dismissed with prejudice.(Kaminski, H)

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LAW OFFICES OF JOHN L. FALLAT
JOHN L. FALLAT (State Bar No.114842)
TIMOTHY J. TOMLIN (State Bar No. 142294)
999 Fifth Avenue, Suite 590
San Rafael, CA 94901-2994
Telephone: [phone]
Facsimile: [phone]

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EIMER STAHL, LLP
Michael L. McCluggage, Esq. (admitted pro hac vice)
Email: [e-mail]
Brent R. Austin (admitted pro hac vice)
Email: [e-mail]
224 South Michigan Avenue, Suite 1100
Chicago, Illinois 60604
Email: [e-mail]
Tel: [phone]
Fax: [phone]
Attorneys for Defendant and Counter-Claimant
Great American Insurance Company

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BOR PHA and NOU LEE,

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Plaintiffs,
vs.
YIA YANG; YIA YANG dba YIA’S AUTO
SALES; et al.,
Defendants.

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GREAT AMERICAN INSURANCE
COMPANY,

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Counter-claimant,
vs.
BOR PHA; NOU LEE; CALIFORNIA
DEPARTMENT OF MOTOR VEHICLES,

Cross-defendants.

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Case No. 2:12-CV-01580-TLN-DAD
CLASS ACTION
ORDER DISMISSING COUNTERCLAIM AND CROSS-CLAIM BY
DEFENDANT GREAT AMERICAN
INSURANCE COMPANY WITH
PREJUDICE

ORDER DISMISSING COUNTER-CLAIM AND CROSS-CLAIM OF DEFENDANT, GREAT AMERICAN INSURANCE
COMPANY WITH PREJUDICE
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This Court having reviewed the Declaration of John L. Fallat requesting dismissal of the counter-

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claim in interpleader and cross-claim filed by defendant Great American Insurance Company with prejudice,

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and good cause appearing, hereby orders as follows:

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The counter-claim in interpleader and the cross-claim filed by Great American Insurance Company
are hereby dismissed with prejudice.

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IT IS SO ORDERED

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Dated: July 14, 2014

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Troy L. Nunley
United States District Judge

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ORDER DISMISSING COUNTER-CLAIM AND CROSS-CLAIM OF DEFENDANT, GREAT AMERICAN INSURANCE
COMPANY WITH PREJUDICE
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CERTIFICATE OF SERVICE
I, ROXANNE CULLEN, declare that I am not a party to this action, am over the age of 18 years,

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maintain a business address at 999 Fifth Avenue, Suite 590, San Rafael, California 94901-2994, and that on

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the date shown below, I caused to be served the documents listed herein on the persons listed herein.

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I filed electronically the document listed below, using the above-captioned Court’s electronic case

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filing service. Counsel of Record are registered to file electronically with this Court, and receive copies of

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the documents via e-mail from the Court to confirm filing.

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DOCUMENTS SERVED:

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[PROPOSED] ORDER DISMISSING COUNTER-CLAIM AND CROSS-CLAIM FILED BY
DEFENDANT GREAT AMERICAN INSURANCE COMPANY WITH PREJUDICE

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SERVED UPON:

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Bryan Kemnitzer, Esq.
Nancy Barron, Esq.
Amy Tay, Esq.
Kemnitzer, Barron and Krieg
445 Bush St., 6th Floor
San Francisco, CA 94108
Tel: [phone]
Fax: [phone]
Email: [e-mail]
Attorneys for Bor Pha, Nou Lee and the putative
class

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Daniel P. Costa, Esq.
The Costa Law Firm
2489 Sunrise Blvd., Suite A
Gold River, CA 95670
Tel: [phone]
Fax: [phone]
Email: [e-mail]
Attorneys for Yia Yang, Yia Yang dba Yia’s Auto
Sales, Yia Yang dba Platinum financial, Yia’s Auto
Sales, Inc.

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I declare under penalty of perjury that the foregoing is true and correct and that this proof of service was

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executed on the date stated below, at San Rafael, California.

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DATED:

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July 11, 2014

____________s/s ROXANNE CULLEN
ROXANNE CULLEN

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ORDER DISMISSING COUNTER-CLAIM AND CROSS-CLAIM OF DEFENDANT, GREAT AMERICAN INSURANCE
COMPANY WITH PREJUDICE
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