United Financial Casualty Company v. L. et al

Filing 59

STIPULATION and ORDER signed by District Judge Leslie E. Kobayashi on 07/24/17 ORDERING that the defaults entered against defendants 55 LaToia Levy Johnson, 49 Ewell Levy, II, and 55 Geovanni Levy are VACATED; and LaToia Levy Johnson, Matthew Levy, Ewell Levy, II, and Geovanni Levy shall file a response to the first amended complaint within 20 days. (Benson, A)

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Patrick M. Howe (SBN 154669)
[e-mail]
Patrick Howe Law, APC
402 W. Broadway, Suite 1025
San Diego, CA 92101
[phone] Phone
[phone] Fax

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Attorney for plaintiff
United Financial Casualty Company

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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United Financial Casualty Company;

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Plaintiff,
v.
JML, a minor, by and through her
guardian ad litem, Michelle Rogers;
Manjit Singh, individually and dba
Top Raman Trucking; State
Compensation Insurance Fund;
LaToia Levy Johnson; Matthew
Levy; Ewell Levy, II; Geovanni
Levy; Maria Castro, individually and
dba Maxi Beauty Hair Salon; Lorina
Mopera, individually and dba
Lutong Bahay Filipino Food; Juan
Lopezmor, individually and dba Los
Patrones Restaurant; Richard Mao,
individually and dba Promax
Investment Properties, LLC; Promax
Investment Properties, LLC; United
Fire & Casualty Co.; Frank Daniels
individually and dba FD Wireless;

Case No. 2:16-cv-02098-LEK
Stipulation/Order to Set Aside
Defaults Against Defendants LaToia
Levy Johnson, Ewell Levy, II, and
Geovanni Levy and to Set Date for
Response to First Amended
Complaint by such Defendants and
Defendant Matthew Levy

Stipulation/Order (2:16-cv-02098-LEK)

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Kelley Lewis, individually and dba
FD Wireless; Kare Kruegger,
individually and dba FD Wireless;
Farmers Insurance Exchange;
Rogelio Ramirez-Munoz; Daniel
Gardner; and Marvin Doldol;
Defendants.

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Plaintiff United Financial Casualty Company and defendants LaToia

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Levy Johnson, Matthew Levy, Ewell Levy, II, and Geovanni Levy, through

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their respective counsel, stipulate as follows:
Recitals

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In its first amended complaint in this case (Dkt. 28), plaintiff United

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Financial Casualty Company alleges three causes of action against

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defendants LaToia Levy Johnson, Matthew Levy, Ewell Levy, II, and

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Geovanni Levy. The court entered defaults on the first amended complaint

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against defendant LaToia Levy Johnson on April 20, 2017 (Dkt. 55), against

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defendant Ewell Levy, II on April 4, 2017 (Dkt. 49), and defendant Giovanni

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Levy on April 20, 2017 (Dkt. 55).

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With the exception of defendant Matthew Levy, all defendants named in

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the first amended complaint have either appeared in the action or have been

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voluntarily dismissed.

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Plaintiff United Financial Casualty Company has been attempting to

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effect service of the first amended complaint on defendant Matthew Leavy,

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but has been unsuccessful. Counsel for plaintiff United Financial Casualty

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Company has spoken with attorney Gary Roth, who represents defendants

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LaToia Levy Johnson, Matthew Levy, Ewell Levy, II, and Geovanni Levy in

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the pending state court litigation referenced in the first amended complaint.

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Attorney Roth has confirmed that all of his clients have an interest in
Stipulation/Order (2:16-cv-02098-LEK) – 2

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participating in this case and that he has been authorized to accept service of

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the first amended complaint on behalf of defendant Matthew Leavy, if

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plaintiff United Financial Casualty Company will agree to the court vacating

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the defaults against attorney Roth's other clients.

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Stipulation

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Accordingly, plaintiff United Financial Casualty Company and

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defendants LaToia Levy Johnson, Matthew Levy, Ewell Levy, II, and

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Geovanni Levy hereby agree to the court ordering as follows:

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1.The defaults entered against defendants LaToia Levy Johnson, Ewell
Levy, II, and Geovanni Levy are vacated; and
2.LaToia Levy Johnson, Matthew Levy, Ewell Levy, II, and Geovanni

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Levy shall file a response to the first amended complaint within 20 days

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after entry of this order.

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IT IS SO STIPULATED.

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July 24, 2017

Patrick Howe Law, APC
By: /s/Patrick M. Howe
Patrick M. Howe
Attorneys for plaintiff United
Financial Casualty Company
[e-mail]

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Stipulation/Order (2:16-cv-02098-LEK) – 3

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Boxer & Gerson, LLP

July 24, 2017

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By: /s/Gary B. Roth
Gary B. Roth
Attorneys for defendants LaToia
Levy Johnson, Matthew Levy, Ewell
Levy, II, and Geovanni Levy
[e-mail]

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(Signature authorized on July 20,
2017)

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IT IS SO ORDERED

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July 24, 2017
Date

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/s/ Leslie E. Kobayashi
Leslie E. Kobayashi
United States District Judge

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Stipulation/Order (2:16-cv-02098-LEK) – 4