Filed: Jul. 28, 2016
Latest Update: Jul. 28, 2016
Summary: STIPULATION AND ORDER RE CONCLUDING MATTERS IN THIS CONSOLIDATED ACTION ROBERT C. JONES , District Judge . STIPULATION AND ORDER RE CONCLUDING MATTERS IN THIS CONSOLIDATED ACTION IT IS HEREBY STIPULATED and AGREED between Plaintiff/Counter Defendant AAA NEVADA INSURANCE COMPANY, by and through its counsel, CURRIDEN, ARNESON & ANDERTON, and Defendant VINH CHAU, by and through his counsel COOPER LEVENSON, and Defendant LANG CHAU, by and through his counsel, COOPER LEVENSON, and Intervenors/C
Summary: STIPULATION AND ORDER RE CONCLUDING MATTERS IN THIS CONSOLIDATED ACTION ROBERT C. JONES , District Judge . STIPULATION AND ORDER RE CONCLUDING MATTERS IN THIS CONSOLIDATED ACTION IT IS HEREBY STIPULATED and AGREED between Plaintiff/Counter Defendant AAA NEVADA INSURANCE COMPANY, by and through its counsel, CURRIDEN, ARNESON & ANDERTON, and Defendant VINH CHAU, by and through his counsel COOPER LEVENSON, and Defendant LANG CHAU, by and through his counsel, COOPER LEVENSON, and Intervenors/Co..
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STIPULATION AND ORDER RE CONCLUDING MATTERS IN THIS CONSOLIDATED ACTION
ROBERT C. JONES, District Judge.
STIPULATION AND ORDER RE CONCLUDING MATTERS IN THIS CONSOLIDATED ACTION
IT IS HEREBY STIPULATED and AGREED between Plaintiff/Counter Defendant AAA NEVADA INSURANCE COMPANY, by and through its counsel, CURRIDEN, ARNESON & ANDERTON, and Defendant VINH CHAU, by and through his counsel COOPER LEVENSON, and Defendant LANG CHAU, by and through his counsel, COOPER LEVENSON, and Intervenors/Counter Claimants BENJAMIN BUENAVENTURA, JR., MARK FRANCIS D. BUENAVENTURA, FIDES B. PALAPAR, MARY CHRISTINE B. PANGILINAN, LAURA E. BUENAVENTURA, MARIA A. BUENAVENTURA, ROSALIND BACUS, AND CLARA DELEON BUENAVENTURA (individually and as Special Administrator for the Estate of Benjamin Buenaventura) by and through their counsel, CHRISTENSEN LAW OFFICES:
1. Plaintiff AAA Nevada Insurance Company's claims for Declaratory Relief were decided by this court on July 15, 2010 [94] when it granted summary judgment in favor of Plaintiff, AAA Insurance Company.
2. The Order dated November 26, 2013 [145] striking the summary judgment ruling was reversed by the 9th Circuit Court of Appeals on March 15, 2016 [176] and a Mandate was issued on April 7, 2106 [177].
3. As a result of the Mandate issued by the 9th Circuit [176-177] and spread upon the records of this Court by Order on Mandate dated April 28, 2016 [180], the Order dated November 26, 2013 [145] striking the summary judgment ruling should be vacated and the court should reinstate and allow access on the court docket to the Order granting summary judgment in favor of Plaintiff, AAA Insurance Company dated July 15, 2010 [94].
4. As to any counter claims filed by Intervenors, including Clara Buenaventura as the Special Administrator for the Estate of Benjamin Buenaventura, those shall be dismissed, with prejudice, at this time.
5. The consolidated action of Buenaventura v. Chau, et al, Case No. 2:12-cv-01402-RCJ-CWH, was dismissed on June 30, 2016 [188].
6. Any other outstanding issues should be dismissed at this time.
7. Each party shall bear its own attorneys' fees and costs.
ORDER
IT IS HEREBY ORDERED THAT:
1. This Order dated November 26, 2013 [145] striking the summary judgment ruling in favor of Plaintiff AAA Nevada Insurance Company is vacated.
2. The Order dated July 15, 2010 [94] granting summary judgment in favor of Plaintiff AAA Nevada Insurance Company is reinstated and shall be retrievable on the court docket.
3. The counter claims of Intervenors, including Clara Buenaventura as the Special Administrator for the Estate of Benjamin Buenaventura, are dismissed, with prejudice.
4. Each party shall bear its own attorneys' fees and costs.
