Aetna Life Insurance Company v. Kohler et al

Filing 56

ORDER Granting 55 Stipulation REGARDING WAIVER OF RESPECTIVE RIGHTS TO APPEAL AND TO MOVE FOR ATTORNEY'S FEES AND NONTAXABLE COSTS. Signed by Judge Claudia Wilken on 12/2/2011. (ndr, COURT STAFF) (Filed on 12/2/2011)

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Robert F. Schwartz, SBN 227327
[e-mail]
Clarissa A. Kang, SBN 210660
[e-mail]
Michelle L. Schuller, SBN 255787
[e-mail]
TRUCKER  HUSS
A Professional Corporation
100 Montgomery Street, 23rd Floor
San Francisco, California 94104
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Plaintiff
AETNA LIFE INSURANCE COMPANY,
ON BEHALF OF LEHMAN BROTHERS
HOLDINGS, INC.
UNITED STATES DISTRICT COURT

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Trucker  Huss
A Professional Corporation
100 Montgomery Street, 23rd Floor
San Francisco, California 94104

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NORTHERN DISTRICT OF CALIFORNIA

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AETNA LIFE INSURANCE COMPANY,
ON BEHALF OF LEHMAN BROTHERS
HOLDINGS, INC.,
Plaintiff,

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vs.

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Case No. C-11-00439-CW
STIPULATION AND [PROPOSED]
ORDER REGARDING WAIVER OF
RESPECTIVE RIGHTS TO APPEAL
AND TO MOVE FOR ATTORNEY’S
FEES AND NONTAXABLE COSTS

THOMAS KOHLER and DIANE KIMSEU
KOHLER,

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Defendants.
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This Stipulation is made and entered into by and among Plaintiff Aetna Life Insurance

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Company (the “Plaintiff”) and Defendants Thomas Kohler and Diane Kimseu Kohler

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(“Defendants”) (collectively, “Parties”) regarding their respective rights to (a) move for attorney’s

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fees and nontaxable costs and (b) seek reconsideration of or relief from, or appeal the Order

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Granting Plaintiff’s Motion for Summary Judgment (Docket #50) (the “MSJ Order”) and the

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Judgment (Docket #51) (the “Judgment”). The Parties stipulate and agree to the following:

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1.

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Defendants shall not, and forever waive all rights to: (a) move for
reconsideration of, (b) move for relief from, (c) appeal, or (d) in any other

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manner, challenge or contest the validity of, the MSJ Order and/or the

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STIPULATION AND [PROPOSED] ORDER RE WAIVER OF RESPECTIVE RIGHTS;
Case No. C-11-00439-CW
#1215741

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Judgment.

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2.

In exchange for Defendants’ waiver in paragraph 1, Plaintiff forever waives

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all rights to move for attorney’s fees and nontaxable costs incurred by
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Plaintiff up to the date of this Stipulation;
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3.

Should Defendants breach the terms of this Stipulation in any way,

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Defendants shall be responsible for all attorney’s fees and costs that are

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incurred by Plaintiff to enforce this Stipulation, as well as the reasonable

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attorney’s fees and costs incurred in obtaining the MSJ Order and/or the
Judgment.

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Trucker  Huss
A Professional Corporation
100 Montgomery Street, 23rd Floor
San Francisco, California 94104

The Parties request that the Court close its file for this matter.
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IT IS SO STIPULATED.
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DATED: November 29, 2011

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TRUCKER  HUSS
By: /s/Clarissa A. Kang
Clarissa A. Kang
Attorneys for Plaintiff
Aetna Life Insurance Company, on behalf of
Lehman Brothers Holdings, Inc.

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DATED: November 29, 2011

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THE DOLAN LAW FIRM
By: /s/Christopher Dolan
Christopher Dolan
Attorneys for Defendants
Thomas Kohler and Diane Kimseu Kohler

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I attest that my firm has obtained Mr. Dolan’s concurrence in the filing of this document.

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DATED: November 29, 2011

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TRUCKER  HUSS
By: /s/Clarissa A. Kang
Clarissa A. Kang

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STIPULATION AND [PROPOSED] ORDER RE WAIVER OF RESPECTIVE RIGHTS;
Case No. C-11-00439-CW
#1215741

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[PROPOSED] ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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December 2
DATED: ________________, 2011

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_________________________________________
Hon. Claudia Wilken
Judge of the United States District Court

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Trucker  Huss
A Professional Corporation
100 Montgomery Street, 23rd Floor
San Francisco, California 94104

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STIPULATION AND [PROPOSED] ORDER RE WAIVER OF RESPECTIVE RIGHTS;
Case No. C-11-00439-CW
#1215741

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