Indemnity Insurance Company of North America v. UPS Ground Freight Inc

Filing 14

ORDER granting STIPULATION WITH PROPOSED ORDER FOR TRANSFER (tfS, COURT STAFF) (Filed on 6/12/2013)

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Hillary Arrow Booth (SBN 125936)
[e-mail]
Ian P. Culver (SBN 245106)
[e-mail]
BOOTH LLP
12100 Wilshire Blvd., Suite 800
Los Angeles, CA 90025
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
UPS GROUND FREIGHT, INC.
dba UPS FREIGHT

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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INDEMNITY INSURANCE COMPANY OF
NORTH AMERICA, a corporation,

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District Judge Susan Illston
Plaintiff,

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Case No. 12-cv-06440-SI
Related Case: 13-cv-01088-SI

JOINT STIPULATION AND [PROPOSED]
ORDER FOR TRANSFER

v.
UPS GROUND FREIGHT, INC. dba
UPS FREIGHT, a corporation,

[N.D. Cal. L.R. 3-14, 7-12]

Defendant.

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Case Filed:
Trial Date:

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December 20, 2012
None Set

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Defendant UPS Ground Freight, Inc. dba UPS Freight (“Defendant”) and Plaintiff

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Indemnity Insurance Company of North America (“Plaintiff”) jointly and through their counsel

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stipulate as follows:

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WHEREAS Defendant has moved for an order dismissing or transferring these
actions, the hearing on such motion to take place on June 21, 2013;
WHEREAS Plaintiff has filed an opposition to the above-referenced motion;

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JOINT STIPULATION AND [PROPOSED] ORDER FOR TRANSFER

WHEREAS Plaintiff contends there is a nexus with New Jersey because the

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Plaintiff’s subrogee, GE, is headquartered in New Jersey, and Defendant does not dispute that

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contention;
WHEREAS in the interest of economy and the convenience of witnesses,

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Plaintiff and Defendant now desire that the case be transferred to the United States District Court

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for the District of New Jersey – Newark,

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THEREFORE the parties stipulate as follows:

1.

Case No. 12-cv-06440-SI and Related Case 13-cv-01088-SI are transferred from

the United States District Court for the Northern District of California to the United States District Court
for the District of New Jersey – Newark;
2.

Defendant’s motion to dismiss/transfer is hereby withdrawn, and Defendant agrees not to

contest venue in the United States District Court for the District of New Jersey – Newark;
3.

The Clerk of the Court shall address and take the necessary actions pursuant to this Order

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to effectuate the transfer of the entire case and case file in the matters entitled, Indemnity Insurance

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Company of North America v. UPS Ground Freight, Inc. d/b/a UPS Freight, Civil Action No. 12-cv-6440

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and the related case, Indemnity Ins. Co. v. UPS Ground Freight, Civil Action No. 13-cv-1088, from the

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United States District Court for the Northern District of California to the United States District Court for

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the District of New Jersey – Newark; and

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4.

All further proceedings in this case and the related case are vacated and, upon successful

transfer, such cases are closed.

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IT IS SO STIPULATED.

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DATED: June 7, 2013

BOOTH LLP

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By: /s/ Hillary Arrow Booth
Hillary Arrow Booth
Ian P. Culver
Attorneys for Defendant
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JOINT STIPULATION AND [PROPOSED] ORDER FOR TRANSFER

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DATED: June 7, 2013

GIBSON ROBB & LINDH LLP

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By: /s/ Joshua A. Southwick
G. Geoffrey Robb
Joshua A. Southwick
Attorneys for Plaintiff

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Mr. Southwick has authorized this filing.
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PURSUANT TO THE STIPULATION, IT IS SO ORDERED.
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6/11/13
DATED: __________________

____________________________________

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United States District Judge
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JOINT STIPULATION AND [PROPOSED] ORDER FOR TRANSFER