DeFratus et al v. State Farm General Insurance Company et al

Filing 77

ORDER GRANTING 76 STIPULATION OF DISMISSAL. Signed by Judge Trina L. Thompson on 11/13/2023. (rfm, COURT USER) (Filed on 11/14/2023)

1 STEPHEN M. HAYES (SBN 83583)
[e-mail]
2 STEPHEN P. ELLINGSON (SBN 136505)
[e-mail]
3 JAMIE A. RADACK (SBN 221000)
[e-mail]
4 HAYES SCOTT BONINO
ELLINGSON & GUSLANI LLP
5 333 Twin Dolphin Dr. Suite 230
Redwood City, California 94065
6 Telephone: [phone]
Facsimile: 650.637.8071
7
Attorneys for Defendants
8 STATE FARM GENERAL INSURANCE COMPANY and
STATE FARM FIRE AND CASUALTY COMPANY
9
STEPHEN G. OPPERWALL (SBN 100057)
10 [e-mail]
LAW OFFICES OF STEPHEN G. OPPERWALL
11 4900 Hopyard Road, Suite 100
Pleasanton, California 94588
12 Telephone: [phone]
Facsimile: 925.417.0301
13
Attorney for Plaintiffs
14 GARY and NANCY DEFRATUS
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

17 GARY DeFRATUS, NANCY DeFRATUS,

CASE NO. 3:22-cv-04099 TLT

Plaintiffs,

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STIPULATION OF DISMISSAL;
[PROPOSED] ORDER
[Fed. Rule Civ. Proc., Rule 41(a)(2)

v.

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20 STATE FARM GENERAL INSURANCE
COMPANY; STATE FARM FIRE AND
21 CASUALTY COMPANY; and DOES 1-50,
Inclusive,
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Defendants.
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2058614

-1STIPULATION OF DISMISSAL; [PROPOSED] ORDER - CASE NO. 3:22-cv-04099 TLT

IT IS HEREBY STIPULATED by plaintiffs Gary DeFratus and Nancy DeFratus by and

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2 through their attorneys of record, Stephen G. Opperwall, Esq. of the Law Offices of Stephen G.
3 Opperwall, and defendant State Farm General Insurance Company through their attorney of record
4 Stephen P. Ellingson, Esq. of Hayes Scott Bonino Ellingson & Guslani LLP, that the above5 captioned action be, and hereby is, DISMISSED subject to conditions pursuant to Federal Rules of
6 Civil Procedure, rule 41(a)(2). Each party to bear its own costs, attorney fees, liens and other
7 repayment obligations.
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1. Plaintiffs’ claim for breach of contract shall be dismissed without prejudice, subject to the

conditions set forth herein.

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2. Plaintiffs’ claims for breach of the implied covenant of good faith and fair dealing and

Unfair Insurance Practices shall be dismissed with prejudice;

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3. State Farm Fire and Casualty Company shall be dismissed with prejudice;

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4. If plaintiffs re-file a lawsuit as to any claims that arise out of or are related to any of the

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facts or circumstances at issue in the instant lawsuit (hereinafter “New Lawsuit”), such New

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Lawsuit shall allege only breach of contract and shall be filed in the United States District

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Court for the Northern District of California;

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5. Plaintiffs shall not challenge federal court jurisdiction in the New Lawsuit; and

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6. Any New Lawsuit shall name only State Farm General Insurance Company and no new

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parties, including but not limited to any State Farm sales agents or claim handling

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personnel.

21 Dated: November 9, 2023
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HAYES SCOTT BONINO
ELLINGSON & GUSLANI LLP
By:

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/S/ Stephen P. Ellingson
STEPHEN M. HAYES
STEPHEN P. ELLINGSON
JAMIE A. RADACK
Attorneys for Defendants
STATE FARM GENERAL INSURANCE
COMPANY AND STATE FARM FIRE AND
CASUALTY INSURANCE COMPANY

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-2STIPULATION OF DISMISSAL; [PROPOSED] ORDER - CASE NO. 3:22-cv-04099 TLT

1 Dated: November 9, 2023

LAW OFFICES OF STEPHEN G. OPPERWALL

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By:

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/S/ Stephen G. Opperwall________
STEPHEN G. OPPERWALL
Attorney for Plaintiffs
GARY and NANCY DEFRATUS

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[PROPOSED] ORDER

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Pursuant to the parties’ stipulation, the Court hereby orders as follows:

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7. Plaintiffs’ claim for breach of contract is hereby dismissed without prejudice, subject to the

conditions set forth below;

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8. Plaintiffs’ claims for breach of the implied covenant of good faith and fair dealing and

Unfair Insurance Practices are hereby dismissed with prejudice;

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9. State Farm Fire and Casualty Company hereby is dismissed with prejudice;
10. If plaintiffs re-file a lawsuit alleging any claims that arise out of or are related to any of the

facts, circumstances or claims at issue in the instant lawsuit (hereinafter “New Lawsuit”),

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such New Lawsuit shall be filed in the United States District Court for the Northern District

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of California;

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11. Plaintiffs shall not challenge federal court jurisdiction in the New Lawsuit; and
12. Any New Lawsuit shall name only State Farm General Insurance Company and no new
parties, including but not limited to any State Farm sales agents or claim handling

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personnel.

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Dated: November 9, 2023

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Dated:

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, 2023

HONORABLE TRINA L. THOMPSON
UNITED STATES DISTRICT JUDGE FOR THE
NORTHERN DISTRICT OF CALIFORNIA

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-3STIPULATION OF DISMISSAL; [PROPOSED] ORDER - CASE NO. 3:22-cv-04099 TLT