STIPULATED JUDGMENT [41]

DOLLY M. GEE, District Judge.

Pursuant to the parties' Settlement Agreement attached and the Stipulation Re Judgment filed herein, the Court enters JUDGMENT in favor of Plaintiff TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA in the amount of $76,000.00, which reflects Plaintiff's damages of $100,000 less sums paid pursuant to the settlement agreement between the parties attached as Exhibit `A' hereto. Each party shall bear its own fees and costs.

EXHIBIT A

SETTLEMENT AGREEMENT AND MUTUAL RELEASE

This Settlement Agreement and Mutual Release ("Agreement") is made and entered into by and between TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA ("TRAVELERS") on the one hand, and MAGGIES TRANSPORT SERVICES, LLC ("MAGGIES") on the other hand. TRAVELERS and MAGGIES are collectively referred to as "the Parties."

WHEREAS, TRAVELERS filed an action in the federal district court for the Central District of California, Number Case 2:16-cv-01013 alleging damages against defendant MAGGIES arising out of non-delivery of a load of electronics (the CLAIM); and

WHEREAS, the Parties now desire to fully and finally settle all disputes concerning the Claim and agree as follows:

1. MAGGIES shall pay TRAVELERS a total of $15,000 by December 16, 2016. Thereafter, MAGGIES will pay $1000 per month to Travelers for 65 months, with the first payment due January 20, 2017. All such payments shall be endorsed to GIBSON ROBB & LINDH AS TRUSTEES, and sent to Joshua Southwick, 201 Mission St. Suite 2700, San Francisco, CA 94105.

2. TRAVELERS hereby forever and fully, generally and specifically, releases and discharges MAGGIES from any and all claims, contentions, rights, debts, or liabilities arising out of the CLAIM, except for obligations arising under this Agreement.

3. This Release pertains to a disputed claim. Nothing in this Agreement shall be deemed or construed to be any admission or concession of any facts, issues, liability, coverage, or fault in respect to any of the issues raised or which could or potentially could have been raised between any of the Parties or in respect to any of the allegations made or which could or potentially could have been made by or against any of the Parties referred to herein. This Agreement shall not constitute a precedent nor be admissible as evidence against any party for any purpose other than in lawsuit or other proceeding to enforce or interpret the provisions of this Agreement.

4. TRAVELERS shall file a stipulation to dismiss this action, with prejudice, conditioned on the Court retaining jurisdiction to enforce the settlement agreement, within 10 days of its counsel's receipt of a fully executed copy of this document. Each party will be responsible for their own fees and costs in the action.

5. In the event of a failure by MAGGIES to make a scheduled payment under this agreement, or other material breach, TRAVELERS shall provide notice to defendant's principal Maggie Panuco by email at panuco6920@yahoo.com and by first class mail to Maggie Panuco at 12228 Robert Dahl, El Paso, TX 79936. The parties expressly agree that no notice need be provided to MAGGIES' counsel of record in the above-referenced district court action. MAGGIES shall have 10 calendar days from such notice to cure the breach of the agreement and to come current on its payments under this agreement. If it does not cure within that time period, then TRAVELERS may file the Joint Stipulation re Judgment and [Proposed] Judgment in a form substantially identical to the draft Joint Stipulation re Judgment attached as Exhibit A hereto. That Stipulation provides for a Stipulated Entry of Judgment in favor of TRAVELERS in the amount of $100,000, less amounts paid by defendant to date pursuant to this settlement agreement. The parties agree that the judgment may be enforced against MAGGIES and its principal Maggie Panuco.

6. This Agreement and the monies paid pursuant to paragraph 2 herein encompass the entire agreement between MAGGIES and TRAVELERS, their agents and representatives with respect to its subject matter, and the parties agree that the terms of the Agreement are contractual and not a mere recital.

7. This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same Agreement. A photocopy of the Agreement shall be deemed to have the same force and effect as the original. Facsimile signatures will be acceptable and binding with respect to the enforceability of this Agreement.

IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized representatives as of the dates set forth below.

DATED: December 5, 2016 TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA By: Its Authorized Representative DATED: December __, 2016 MAGGIES TRANSPORT SERVICES, LLC. By: _______________________________ Its Authorized Representative

6. This Agreement and the monies paid pursuant to paragraph 2 herein encompass the entire agreement between MAGGIES and TRAVELERS, their agents and representatives with respect to its subject matter, and the parties agree that the terms of the Agreement are contractual and not a mere recital.

7. This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same Agreement. A photocopy of the Agreement shall be deemed to have the same force and effect as the original. Facsimile signatures will be acceptable and binding with respect to the enforceability of this Agreement.

IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized representatives as of the dates set forth below.

DATED: December __, 2016 TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA By: _______________________________ Its Authorized Representative DATED: December 05, 2016 MAGGIES TRANSPORT SERVICES, LLC. By: Its Authorized Representative