Tricor America, Inc. v. Federal Insurance Company

Filing 22

STIPULATION AND ORDER re 21 STIPULATION WITH PROPOSED ORDER (for Leave to File a Third Party Complaint) filed by Federal Insurance Company. Signed by Judge Jon S. Tigar on October 4, 2013. (wsn, COURT STAFF) (Filed on 10/4/2013)

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DAVID T. DIBIASE (Bar No. 56883)
[e-mail]
HENRY S. ZANGWILL (Bar No. 46203)
[e-mail]
ANDERSON, McPHARLIN & CONNERS LLP
444 South Flower Street
Thirty-First Floor
Los Angeles, California 90071-2901
TELEPHONE: [phone]  FACSIMILE: [phone]

6 Attorneys for Defendant, Federal
Insurance Company
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION

LAWYERS
444 SOUTH FLOWER STREET, THIRTY-FIRST FLOOR
LOS ANGELES, CALIFORNIA 90071-2901
TEL [phone] • FAX [phone]

ANDERSON, MCPHARLIN & CONNERS LLP

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11 TRICOR AMERICA, INC., a
California corporation,
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Plaintiff,
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vs.
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FEDERAL INSURANCE COMPANY,
15 a corporation; and DOES 1 through 50,
inclusive,
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Defendants.
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Case No. 3:13-cv-03391-JST
STIPULATION FOR LEAVE TO
FILE A THIRD PARTY
COMPLAINT; [PROPOSED]
ORDER THEREON
Trial Date:

None

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WHEREAS, at issue in this lawsuit is a claim presented by plaintiff, Tricor

20 America, Inc. (“Tricor”), to defendant, Federal Insurance Company, (“Federal”)
21 arising out of the alleged wrongdoing of Mike Chung (“Chung”), a former employee

22 of Tricor, and
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WHEREAS, pursuant to the insurance policy at issue in this lawsuit, Federal

24 is subrogated to the rights of Tricor against Chung to the extent of the payments
25 made by Federal under the insurance policy it issued to Tricor; and
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WHEREAS, the causes of action sought to be asserted by Federal against

27 Chung arise out of the same nucleus of operative facts at issue in the underlying
28 complaint;
1119838.1 04855-325

STIPULATION FOR LEAVE TO FILE A THIRD PARTY COMPLAINT

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NOW THEREFORE, the parties hereto, through their respective counsel,

2 stipulate and agree that Federal should be granted leave to file a Third Party
3 Complaint against Chung.
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5 DATED: October 3, 2013

LAW OFFICES OF LAURA NGUYEN

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/s/ Laura Nguyen

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By:

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Laura Nguyen
Attorneys for Plaintiff Tricor America, Inc.

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LAWYERS
444 SOUTH FLOWER STREET, THIRTY-FIRST FLOOR
LOS ANGELES, CALIFORNIA 90071-2901
TEL [phone] • FAX [phone]

ANDERSON, MCPHARLIN & CONNERS LLP

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11 DATED: October 3, 2013

ANDERSON, McPHARLIN & CONNERS LLP

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/s/ Henry S. Zangwill
By:
David T. DiBiase
Henry S. Zangwill
Attorneys for Defendant, Federal Insurance
Company
ORDER
GOOD CAUSE APPEARING THEREFOR, defendant Federal Insurance

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1119838.1 04855-325

FO

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UNIT
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19 Company is granted leave to file a Third Party Complaint against Mike Chung.
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S DISTRICT
TE
C
21 DATED: __________________
TA
October 4, 2013
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DERED
SO OR
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T IS
UnitedIStates District Court Judge
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. Ti ga r
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ge J o n S
Jud
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ER
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N
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OF
D IS T IC T
R
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STIPULATION FOR LEAVE TO FILE A THIRD PARTY COMPLAINT