Liberty Mutual Fire Insurance Company v. Nguyen et al

Filing 14

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 4/15/15 re: 13 Stipulation: Defendant William Cullifer agrees to be bound by any judgment entered in the declaratory relief action and agrees that any final judgment or determinatio n shall be conclusive as to the issues raised in Liberty Mutual's complaint or in any subsequent action raising these issues; Liberty Mutual agrees to dismiss William Cullifer from this action without prejudice, in exchange for a waiver of costs and attorneys' fees; the parties understand and agree that Cullifer will not be entitled to participate in the action as a party but further understand and agree that he shall be obligated to participate as percipient witness to the extent he possesses discoverable evidence relating to the issues of consequence in this action and authorizes his attorney, Kiersta Perlee, to receive process and discovery on his behalf. (Meuleman, A)

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1 2 3 4 5 6 PAMELA E. COGAN (SBN 105089) NORMAN LAU (SBN 253690) ROPERS, MAJESKI, KOHN & BENTLEY 1001 Marshall Street, Suite 500 Redwood City, CA 94063-2052 Telephone: (650) 364-8200 Facsimile: (650) 780-1701 Email: pamela.cogan@rmkb.com norman.lau@rmkb.com Attorneys for Plaintiff LIBERTY MUTUAL FIRE INSURANCE COMPANY A Professional Corporation Redwood City Ropers Majeski Kohn & Bentley 7 8 9 10 11 12 Clayeo C. Arnold, SNB 65070 Anthony M. Ontiveros, SBN 152758 Kiersta D. Perlee, SBN 187675 CLAYEO C. ARNOLD A Professional Law Corporation 865 Howe Avenue Sacramento, CA 95825 Tel: (916) 924-3100 Fax: (916) 924-1829 Email: aontiveros@justice4you.com Email: kperlee@justice4you.com 13 14 UNITED STATES DISTRICT COURT 15 EASTERN DISTRICT OF CALIFORNIA 16 17 LIBERTY MUTUAL FIRE INSURANCE COMPANY, 18 Plaintiff, 19 CASE NO. 2:14cv-02532-TLN-AC STIPULATION AND ORDER TO BE BOUND BY JUDGMENT ENTERED IN DECLARATORY RELIEF ACTION v. 20 21 THU TIET NGUYEN; WILLIAM CULLIFER, 22 Defendants. 23 24 25 26 IT IS HEREBY STIPULATED by and between Plaintiff Liberty Mutual Fire Insurance Company (“Liberty Mutual”) and Defendant William Cullifer as follows: 1. Defendant William Cullifer agrees to be bound by any judgment entered in the 27 above-entitled declaratory relief action and agrees that any final judgment or determination shall 28 be conclusive as to the issues raised in Liberty Mutual’s complaint or in any subsequent action STIPULATION AND ORDER TO BE BOUND BY JUDGMENT CASE NO:2:14CV-02532 TLN-AC 1 2 3 4 raising these issues. 2. Liberty Mutual agrees to dismiss William Cullifer from this action without prejudice, in exchange for a waiver of costs and attorneys’ fees. 3. The parties understand and agree that Cullifer will not be entitled to participate in percipient witness to the extent he possesses discoverable evidence relating to the issues of 7 A Professional Corporation Redwood City the action as a party but further understand and agree that he shall be obligated to participate as 6 Ropers Majeski Kohn & Bentley 5 consequence in this action and authorizes his attorney, Kiersta Perlee, to receive process and 8 discovery on his behalf. 9 Dated: April 15, 2015 ROPERS, MAJESKI, KOHN & BENTLEY 10 11 By:/s/ Pamela E. Cogan PAMELA E. COGAN NORMAN LAU Attorneys for Plaintiffs LIBERTY MUTUAL FIRE INSURANCE COMPANY 12 13 14 Dated: April 15, 2015 15 CLAYEO C. ARNOLD A Professional Law Corporation 16 By:/s/ Kiersta Perlee KIERSTA PERLEE Attorneys for Defendant WILLIAM CULLIFER 17 18 19 ORDER 20 21 Based on the parties’ stipulation, IT IS SO ORDERED. 22 23 Dated: April 15, 2015 24 25 26 Troy L. Nunley United States District Judge 27 28 -2- STIPULATION AND ORDER TO BE BOUND BY JUDGMENT CASE NO:2:14CV-02532 TLN-AC

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