Blankenchip et al v. CitiMortgage, Inc. et al

Filing 49

STIPULATION and ORDER 48 Re dismissal of Plaintiff Susan Blankenchip's seventh Claim For Intentional Infliction of Emotional Distress signed by Senior Judge William B. Shubb on 2/19/2016. (Kirksey Smith, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RANDY BLANKENCHIP and
SUSAN BLANKENCHIP

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Assigned to Hon. William B. Shubb,
Courtroom 5

Plaintiffs,

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Case No.: 2:14-cv-02309-WBS-AC

ORDER APPROVING
STIPULATION RE: PLAINTIFF
SUSAN BLANKENCHIP'S CLAIM
FOR INTENTIONAL INFLICTION
OF EMOTIONAL DISTRESS

vs.
CITIMORTGAGE, INC.; CALWESTERN RECONVEYANCE, LLC; and
Does 1 through 50, inclusive,

[Filed concurrently with Stipulation]

Defendants.

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Complaint filed: August 25, 2014
Trial date: June 7, 2016

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The Court APPROVES the stipulation by and between Plaintiff Susan

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Blankenchip and Defendant CitiMortgage, Inc. concerning Mrs. Blankenchip's claim

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for emotional distress.

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IT IS HEREBY ORDERED that:

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1.

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Mrs. Blankenchip's seventh claim for intentional infliction of emotional

distress is hereby dismissed with prejudiced.
2.

Mrs. Blankenchip's claims and causes of action for damages against

Defendant CitiMortgage, Inc. arising from or relating to emotional distress are hereby
{37594134;1}

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CASE NO. 2:14-CV-02309-WBS-AC

(PROPOSED) ORDER APPROVING STIPULATION RE: PLAINTIFF SUSAN
BLANKENCHIP'S CLAIM FOR EMOTIONAL DISTRESS

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waived.

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3.

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Mrs. Blankenchip's claim for garden variety pain and suffering is not

dismissed or waived.
4.

Mrs. Blankenchip shall not introduce or present at trial any opinion or

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testimony by a purported expert witness, whether retained or non-retained, in support of

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her claim for garden variety (whatever that means) pain and suffering.

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5.

Mrs. Blankenchip shall not introduce or present at trial any writing by a

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purported expert witness, whether retained or non-retained, in support of her claim for

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such garden variety pain and suffering.

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6.

Mrs. Blankenchip shall not introduce or present at trial any opinion or

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testimony by any treating physician, medical doctor, nurse, physical therapist, medical

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provider, or similar individual, whether retained or non-retained, in support of her claim

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for garden variety pain and suffering.

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7.

Mrs. Blankenchip shall not introduce or present at trial any medical records

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or similar document or evidence in support of her claim for garden variety pain and

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suffering.

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8.

Defendant CitiMortgage, Inc. shall not be permitted to conduct any mental

examination of Mrs. Blankenchip.
9.

If defendant should seek to offer at trial any opinion or expert testimony,

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writings or records of pain or suffering, the court will determine at that time whether

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such testimony, writings or records pertain to garden variety or other type of pain and

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suffering.

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IT IS SO ORDERED.

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Dated: February 19, 2016

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{37594134;1}

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CASE NO. 2:14-CV-02309-WBS-AC

(PROPOSED) ORDER APPROVING STIPULATION RE: PLAINTIFF SUSAN
BLANKENCHIP'S CLAIM FOR EMOTIONAL DISTRESS

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Respectfully submitted,

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AKERMAN LLP
KAREN PALLADINO CICCONE (SBN 143432)
Email: [e-mail]
ROBERT R. YAP (SBN 263763)
Email: [e-mail]
725 South Figueroa Street, 38th Floor
Los Angeles, California 90017-5433
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant
CITIMORTGAGE, INC.

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{37594134;1}

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CASE NO. 2:14-CV-02309-WBS-AC

(PROPOSED) ORDER APPROVING STIPULATION RE: PLAINTIFF SUSAN
BLANKENCHIP'S CLAIM FOR EMOTIONAL DISTRESS

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PROOF OF SERVICE

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I am employed in the City and County of Los Angeles, California. I am over the
age of 18 and not th party to the within action. My business address is 725 South
a
Figueroa Street, 38 Floor, Los Angeles, CA 90017.

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On February 19, 2016, I served the following documents
(PROPOSED) ORDER APPROVING STIPULATION RE: PLAINTIFF SUSAN
BLANKENCHIP'S CLAIM FOR INTENTIONAL INFLICTION OF
EMOTIONAL DISTRESS
on the interested parties in this action by placing true copies thereof enclosed in sealed
envelopes addressed as follows:
Stephen J. Foondos, Esq.
Attorneys for Plaintiffs
Andre M. Chernay, Esq.
RANDY BLANKENCHIP and
UNITED LAW CENTER
SUSAN BLANKENCHIP
3013 Douglas Blvd., Suite 200
Roseville, California 95661
Tel: [phone]
Fax: [phone]
Email:
[e-mail]

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 (CM/ECF Electronic Filing) I caused the above document(s) to be
transmitted to the office(s) of the addressee(s) listed above by electronic
mail at the e-mail address(es) set forth above pursuant to
Fed.R.Civ.P.5(d)(1). “A Notice of Electronic Filing (NEF) is generated
automatically by the ECF system upon completion of an electronic filing.
The NEF, when e-mailed to the e-mail address of record in the case, shall
constitute the proof of service as required by Fed.R.Civ.P.5(d)(1). A copy
of the NEF shall be attached to any document served in the traditional
manner upon any party appearing pro se.”
I declare under penalty of perjury that I am employed in the office of a member
of the bar of this Court at whose direction this service was made and that the
foregoing is true and correct.
 (Federal)

I declare that I am employed in the office of a member of the Bar of
this Court at whose direction the service was made. I declare under
penalty of perjury under the laws of the United States of America
that the above is true and correct.
Executed on February 19, 2016, at Los Angeles, California.

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Robert R. Yap
(Type or print name)

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/s/ Robert R. Yap
(Signature)

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{37594134;1}

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PROOF OF SERVICE

CASE NO. 2:14-CV-02309-WBS-AC