Tres Cruzes Land & Cattle LLC v. Scottsdale Insurance Company et al

Filing 27

STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr on 5/19/15 re: 22 : In accordance with the foregoing stipulation, and good cause appearing, the Court hereby ORDERS that Tres Cruzes Land & Cattle LLC v. Scottsdale Insurance Compan y, a Subsidiary of Nationwide Insurance Company, et al., U.S. District Court, Eastern District of California, Case No. 2:15-CV-000449-MCE-DAD (TRES CRUZES ACTION) is consolidated, for all purposes including trial, with John W. Busby II, Trustee of the Edward Pestana Trust v.Scottsdale Insurance Company, a Subsidiary of Nationwide Insurance Company, et al., U.S. District Court, Eastern District of California, Case No. 2:15-CV-00764-MCE-DAD (TRUSTEE ACTION). (Meuleman, A)

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RALPH A. ZAPPALA, SBN 102052
ERIN SHEFFIELD SANCHEZ, SBN 238450
BUSBY & ZAPPALA LLP
251 Lafayette Circle, Suite 350
Lafayette, California 94549
Telephone:
[phone]
Facsimile:
[phone]
Email:
[e-mail]
[e-mail]
Attorneys for Plaintiff
TRES CRUZES LAND & CATTLE LLC

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ERIN SHEFFIELD SANCHEZ, SBN 238450
BUSBY & ZAPPALA LLP
251 Lafayette Circle, Suite 350
Lafayette, California 94549
Telephone:
[phone]
Facsimile:
[phone]
E-mail:
[e-mail]
Attorneys for Plaintiff
JOHN W. BUSBY II, TRUSTEE OF THE
EDWARD PESTANA TRUST

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SONIA MARTIN, SBN 191148
MENGMENG ZHANG, SBN 280411
DENTONS US LLP th
525 Market Street, 26 Floor
San Francisco, CA 94105-2708
Telephone:
[phone]
Facsimile:
[phone]
E-mail:
[e-mail]
[e-mail]
Attorneys for Defendant
SCOTTSDALE INSURANCE COMPANY

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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[CAPTION CONTINUES ON FOLLOWING PAGE]

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STIPULATION AND ORDER TO CONSOLIDATE RELATED ACTIONS
CASE NO. 2:15-CV-00449-MCE-DAD
CASE NO. 2:15 CV-00764-MCE-DAD - 1

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TRES CRUZES LAND & CATTLE LLC, a
California limited liability company,

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Plaintiff,
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vs.
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SCOTTSDALE INSURANCE COMPANY, A :
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SUBSIDIARY OF NATIONWIDE
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INSURANCE COMPANY, an Ohio
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corporation; GARY HERD, an individual;
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NANCY HERD, an individual; and DOES 1- :
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40, inclusive,
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Defendants.
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JOHN W. BUSBY II, TRUSTEE OF THE
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EDWARD PESTANA TRUST, an individual :
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Plaintiff,
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vs.
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SCOTTSDALE INSURANCE COMPANY, :
A SUBSIDIARY OF NATIONWIDE
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INSURANCE COMPANY, an Ohio
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corporation; GARY HERD, an individual;
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NANCY HERD, an individual; and DOES
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1-30, inclusive,
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Defendants.
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Case No.: 2:15-cv-00449-MCE-DAD
.

Case No.: 2:15-cv-00764-MCE-DAD

STIPULATION AND ORDER TO
CONSOLIDATE RELATED CASES

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Plaintiff TRES CRUZES LAND & CATTLE, LLC (“TRES CRUZES”), and Defendants

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SCOTTSDALE

INSURANCE

COMPANY,

A

SUBSIDIARY

OF

NATIONWIDE

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INSURANCE COMPANY (“SCOTTSDALE”)1, parties to the case styled Tres Cruzes Land &

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Cattle LLC v. Scottsdale Insurance Company, a Subsidiary of Nationwide Insurance Company,

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Defendants Gary Herd and Nancy Herd have not yet appeared in this case.
STIPULATION AND ORDER TO CONSOLIDATE RELATED ACTIONS
CASE NO. 2:15-CV-00449-MCE-DAD
CASE NO. 2:15 CV-00764-MCE-DAD - 2

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et al., U.S. District Court, Eastern District of California, Case No. 2:15-cv-000449-MCE-DAD

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(“TRES CRUZES ACTION”), and Plaintiff JOHN W. BUSBY II, TRUSTEE OF THE

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EDWARD PESTANA TRUST (“TRUSTEE”) and Defendants SCOTTSDALE2, parties to the

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case styled John W. Busby II, Trustee of the Edward Pestana Trust v. Scottsdale Insurance

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Company, a Subsidiary of Nationwide Insurance Company, et al., U.S. District Court, Eastern

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District of California, Case No. 2:15-cv-00764-MCE-DAD (“TRUSTEE ACTION”) having met

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and conferred, have agreed that these matters should be consolidated, pursuant to Federal Rule of

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Civil Procedure 42(a). Accordingly, the parties hereby stipulate as follows:

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WHEREAS, SCOTTSDALE filed its Notice of Removal of Civil Action in the TRES

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CRUZES ACTION on February 26, 2015 removing the case from San Joaquin County Superior

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Court (where it was Case No. 39-2015-00321479-CU-BC-STK);3

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WHEREAS, SCOTTSDALE filed its Notice of Removal of Civil Action in the

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TRUSTEE ACTION on February 26, 2015 removing the case from Alameda County Superior

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Court (where it was Case No. RG15754697);

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WHEREAS, the TRUSTEE ACTION was transferred from the U.S. District Court,

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Northern District of California on April 8, 2015 pursuant to a stipulation between the parties and

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an order signed by Hon. Charles R. Breyer;4

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WHEREAS, SCOTTSDALE filed Notices of Related Case in the TRES CRUZES

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ACTION and TRUSTEE ACTION on April 14, 2015, notifying the court that the two cases are

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related, with the cases subsequently deemed related by Order filed May 11, 2015;

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WHEREAS, the TRUSTEE ACTION involves substantially the same parties, similar

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claims, the same property, the same insurance policy, and similar questions of fact and law as the

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TRES CRUZES ACTION, such that assignment of these cases to the same judge would result in

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a substantial savings of judicial effort;

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Defendants Gary Herd and Nancy Herd have not yet appeared in this case.
TRES CRUZES filed a Motion to Remand this case, and a hearing on the motion was set for May 14, 2015.
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TRUSTEE filed a Motion to Remand this case, and a hearing on the motion was set for June 29, 2015.
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STIPULATION AND ORDER TO CONSOLIDATE RELATED ACTIONS
CASE NO. 2:15-CV-00449-MCE-DAD
CASE NO. 2:15 CV-00764-MCE-DAD - 3

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WHEREAS, neither the TRUSTEE ACTION nor the TRES CRUZES ACTION have

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been assigned a trial date and therefore there is no risk of delaying trial due to the proposed

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consolidation;

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NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between

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the parties to the TRES CRUZES ACTION and the TRUSTEE ACTION, through their

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respective counsel of record herein, that the TRUSTEE ACTION be consolidated with the TRES

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CRUZES ACTION for all purposes.

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IT IS SO STIPULATED.

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Dated: May 11, 2015

By___/S/__Erin S. Sanchez______
ERIN S. SANCHEZ
Attorney for Plaintiff
TRES CRUZES LAND & CATTLE LLC

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BUSBY & ZAPPALA LLP

Dated: May 11, 2015

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BUSBY & ZAPPALA LLP
By___/S/__Erin S. Sanchez______
ERIN S. SANCHEZ
Attorney for Plaintiff
JOHN W. BUSBY II, TRUSTEE OF THE
EDWARD PESTANA TRUST

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Dated: May 11, 2015

DENTONS US LLP
By__/S/___Sonia Martin_________
SONIA MARTIN
Attorney for Defendant
SCOTTSDALE INSURANCE COMPANY, A
SUBSIDIARY OF NATIONWIDE INSURANCE
COMPANY

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STIPULATION AND ORDER TO CONSOLIDATE RELATED ACTIONS
CASE NO. 2:15-CV-00449-MCE-DAD
CASE NO. 2:15 CV-00764-MCE-DAD - 4

ORDER

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In accordance with the foregoing stipulation, and good cause appearing, the Court hereby

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orders that Tres Cruzes Land & Cattle LLC v. Scottsdale Insurance Company, a Subsidiary of

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Nationwide Insurance Company, et al., U.S. District Court, Eastern District of California, Case

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No. 2:15-CV-000449-MCE-DAD (“TRES CRUZES ACTION”) is consolidated, for all

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purposes including trial, with John W. Busby II, Trustee of the Edward Pestana Trust v.

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Scottsdale Insurance Company, a Subsidiary of Nationwide Insurance Company, et al., U.S.

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District Court, Eastern District of California, Case No. 2:15-CV-00764-MCE-DAD (“TRUSTEE

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ACTION”).
IT IS SO ORDERED.
Dated: May 19, 2015

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STIPULATION AND ORDER TO CONSOLIDATE RELATED ACTIONS
CASE NO. 2:15-CV-00449-MCE-DAD
CASE NO. 2:15 CV-00764-MCE-DAD - 5