Filed: Jul. 19, 2016
Latest Update: Jul. 19, 2016
Summary: STIPULATION AND ORDER FOR PRIVATE BINDING ARBITRATION AND TO STAY COURT PROCEEDINGS GLORIA M. NAVARRO , Chief District Judge . Plaintiff TERESITA GONZALES ("Plaintiff') and Defendant STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY ("State Farm" or "Defendant"), by and through their counsel of record, hereby stipulate as follows: 1. Plaintiff's First Cause of Action for Breach of Contract, which is the only remaining cause of action, shall be resolved through binding arbitration in accordanc
Summary: STIPULATION AND ORDER FOR PRIVATE BINDING ARBITRATION AND TO STAY COURT PROCEEDINGS GLORIA M. NAVARRO , Chief District Judge . Plaintiff TERESITA GONZALES ("Plaintiff') and Defendant STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY ("State Farm" or "Defendant"), by and through their counsel of record, hereby stipulate as follows: 1. Plaintiff's First Cause of Action for Breach of Contract, which is the only remaining cause of action, shall be resolved through binding arbitration in accordance..
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STIPULATION AND ORDER FOR PRIVATE BINDING ARBITRATION AND TO STAY COURT PROCEEDINGS
GLORIA M. NAVARRO, Chief District Judge.
Plaintiff TERESITA GONZALES ("Plaintiff') and Defendant STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY ("State Farm" or "Defendant"), by and through their counsel of record, hereby stipulate as follows:
1. Plaintiff's First Cause of Action for Breach of Contract, which is the only remaining cause of action, shall be resolved through binding arbitration in accordance with the terms of an Arbitration Agreement entered into by the parties.
2. Plaintiff's claims for extra-contractual damages (i.e., for Bad Faith and Unfair Claim Practices) and punitive damages will not be a part of the binding arbitration as Plaintiff's claims for extra-contractual damages and punitive damages were summarily disposed of on April 22, 2016, pursuant to the Court's Order granting State Farm's Motion for Partial Summary Judgment.
3. The Arbitration shall be conducted at a time, date and location that is agreeable to the Parties and the Arbitrator.
4. Pending the completion of the arbitration hearing, this matter shall be stayed.
5. The parties expressly waive any right to trial by a judge or jury.
6. The parties expressly waive any right to appeal from the Arbitrator's award or any order made by the Arbitrator.
7. The award of the Arbitrator shall constitute a final determination of the First Cause of action contained in Plaintiff's Complaint (i.e., Plaintiff's claim for underinsured motorist benefits under the State Farm policy).
8. Pursuant to the terms of the Arbitration Agreement, the Parties will, upon conclusion of the Binding Arbitration, stipulate to dismissal of this action, with prejudice, reserving the right to this Court the authority to enforce the Agreement.
9. Pursuant to the terms of the Arbitration Agreement, the Arbitrator cannot award costs, interest, or attorneys' fees and the parties will bear their own attorneys' fees and costs.
10. The Arbitrator's fees shall be borne equally by the Parties as a nonrecoverable item of costs.
ORDER
IT IS SO ORDERED.
