Filed: Sep. 28, 2015
Latest Update: Sep. 28, 2015
Summary: AGREED ENTRY TO STAY PROCEEDINGS HAYWOOD GILLIAM, Jr. , District Judge . Based upon and in connection with their Joint Motion to Stay Proceedings, Plaintiffs, ILWU-PMA Welfare Plan ("Plan)" and Trustees of the ILWU-PMA Welfare Plan, and Defendants, Sharam Borjkhani and Salimeh Mirmotahari, (the "Parties") do hereby agree to and stipulate to the following: 1. The Defendants acknowledge the Plaintiffs' valid subrogation lien interest, in the amount of $167,909.92, in the Settlement between
Summary: AGREED ENTRY TO STAY PROCEEDINGS HAYWOOD GILLIAM, Jr. , District Judge . Based upon and in connection with their Joint Motion to Stay Proceedings, Plaintiffs, ILWU-PMA Welfare Plan ("Plan)" and Trustees of the ILWU-PMA Welfare Plan, and Defendants, Sharam Borjkhani and Salimeh Mirmotahari, (the "Parties") do hereby agree to and stipulate to the following: 1. The Defendants acknowledge the Plaintiffs' valid subrogation lien interest, in the amount of $167,909.92, in the Settlement between ..
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AGREED ENTRY TO STAY PROCEEDINGS
HAYWOOD GILLIAM, Jr., District Judge.
Based upon and in connection with their Joint Motion to Stay Proceedings, Plaintiffs, ILWU-PMA Welfare Plan ("Plan)" and Trustees of the ILWU-PMA Welfare Plan, and Defendants, Sharam Borjkhani and Salimeh Mirmotahari, (the "Parties") do hereby agree to and stipulate to the following:
1. The Defendants acknowledge the Plaintiffs' valid subrogation lien interest, in the amount of $167,909.92, in the Settlement between Defendants, the State of California, and Natalia Galdamez ("Settlement") related to the state court action (Los Angeles County Superior Court Case No. BC 447580) and their requirement to resolve it prior to distribution (after receipt by the Defendants of the proceeds of the Settlement) of the first $167,909.62 of such proceeds.
2. Defendants' counsel, Bob Khakshooy and Raymond McElfish ("Defendants' Counsel"), agree to retain at least $167,909.92 from any payments from the State of California and Natalia Galdamez (or her insurer) with respect to the Settlement in their Client Trust account until such time that the Plaintiffs' subrogation lien is resolved. Defendants may distribute amounts of the proceeds of the Settlement received in excess of the aforesaid sum of $167,909.92 to be retained in the Client Trust account of Defendants' Counsel.
3. Defendants and Defendants' Counsel agree that the sum of $167,909.92 will not be dissipated, transferred, conveyed, encumbered, disposed of, or otherwise distributed pending resolution of the Plaintiffs' valid subrogation lien.
4. The Parties jointly agree to stay proceedings in this matter until October 12, 2015 and attempt to negotiate, in good faith, a resolution regarding the Plaintiffs' subrogation lien.
5. Plaintiffs agree to provide Defendants' Counsel with copies of all documentation in support of its subrogation lien.
IT IS SO ORDERED.
