Liberty Mutual Fire Insurance Company v. Nguyen et al

Filing 11

STIPULATION AND ORDER signed by District Judge Troy L. Nunley on 2/12/2015 GRANTING 10 defendant Thu Tiet Nguyen extension of time to file an answer, until 4/17/2015. (Reader, L)

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JONATHAN SAUL & ASSOCIATES
JONATHAN A. SAUL, ESQ. (SBN: 189271)
4020 Lennane Drive, Suite 102
Sacramento, California 95834
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
THU TIET NGUYEN

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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11 LIBERTY MUTUAL INSURANCE
COMPANY,
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Plaintiff,
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vs.
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THU NGUYEN, WILLIAM CULLIFER,
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Defendants.
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CASE NO.: 2:14-cv-02532-TLN-AC
STIPULATION AND ORDER GRANTING
EXTENSION OF TIME TO FILE AN
ANSWER

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STIPULATION
Defendant Thu Nguyen and Plaintiff Liberty Mutual Fire Insurance Company hereby

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Request this Court grant an extension of time for Defendant Thu Nguyen to file an Answer in

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this action, for the reasons expressed below.

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This case stems from an underlying action wherein Ms. Nguyen was sued by William

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Cullifer, a person who claimed to be the son of Ms. Nguyen’s deceased husband. Liberty

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Mutual has asked this Court to determine whether or not it owes a defense and/or indemnity to

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Ms. Nguyen, it’s insured, regarding the lawsuit filed against Ms. Nguyen by Mr. Cullifer. Just

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last week, evidence was presented in the form of Mr. Cullifer’s birth certificate. The birth

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certificate clearly illustrates Mr. Cullifer is not the surviving son of Ms. Nguyen’s deceased

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husband. Counsel assigned to defend Ms. Nguyen and counsel herein for Ms. Nguyen have

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STIPULATION AND ORDER GRANTING EXTENSION OF TIME TO FILE AN ANSWER

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both written to counsel for Mr. Cullifer to demand immediate dismissal of the underlying

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action filed by Mr. Cullifer. To date, no response has been forthcoming.

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It appears Mr. Cullifer will have to dismiss his Complaint against Ms. Nguyen, for lack

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of standing. He cannot present a claim for wrongful death damages related to the death of a

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person who he was not related to. This would make the instant action moot. In the

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alternative, Mr. Cullifer will somehow be able to overcome the birth certificate and will

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continue his pursuit of the underlying action. If that occurs, counsel for Ms. Nguyen and

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counsel for Liberty Mutual have already began discussing the likelihood of a stipulation that

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would obviate the need to litigate this case and would save important judicial resources.

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For the reasons stated above, the parties respectfully request this Court grant Defendant

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Thu Nguyen a further extension to file her Answer, until April 17, 2015.

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DATED: February 11, 2015

JONATHAN SAUL & ASSOCIATES

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By

/s/
Jonathan Saul - SBN 189271
Attorneys for Defendant
THU NGUYEN

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DATED: February 11, 2015

ROPERS MAJESKI KOHN & BENTLEY

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By

/s/
Norman Lau - SBN 253690
Attorneys for Plaintiff
LIBERTY MUTUAL FIRE INSURANCE
COMPANY

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IT IS SO ORDERED:

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Dated: February 12, 2015

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Troy L. Nunley
United States District Judge

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________________________________________________________________________________________________
STIPULATION AND ORDER GRANTING EXTENSION OF TIME TO FILE AN ANSWER

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