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COMMERCIAL AMERICA INSURANCE COMPANY v. SOLIS

United States District Court, S.D. California


November 14, 2005.

COMMERCIAL AMERICA INSURANCE COMPANY, a Texas corporation, Plaintiff,
v.
MARIA SOLIS aka ADRIANA SOLIS, an individual; and TRUCK CLUB, INC., a California corporation, Defendants.

The opinion of the court was delivered by: NITA STORMES, Magistrate Judge

STIPULATION AND ORDER THEREON

1. The Parties

  The Plaintiff in this case is COMERCIAL AMERICA INSURANCE COMPANY, a Texas corporation ("CAIC"). The Defendants in this case are MARIA SOLIS aka ADRIANA SOLIS ("Solis"), and A&S REGISTRATION TRUCK CLUB INTERNATIONAL, INC., served as TRUCK CLUB, INC. ("Truck Club"). CAIC, Solis, and Truck Club are sometimes collectively referred to herein as the "Parties".

  2. The Stipulation

  On April 27, 2005, before Magistrate Judge Nita L. Stormes, the Parties appeared for an early evaluation and settlement conference (the "Conference"). CAIC was represented by Richard L. Charnley, Esq., of Nelsen, Thompson, Pegue & Thornton, APC, Solis and Truck Club were represented by Mona Z. Hanna and William J. Mall, III of Michelman & Robinson, LLP. Representatives of CAIC and Truck Club were present at all times during the Conference. At the Conference, the Parties agreed to resolve their differences and settle the above-captioned lawsuit (the "Lawsuit" and the "Settlement" accordingly) pursuant to the following stipulation:

  2.1 That in entering into this stipulation, no party admits liability for any of the acts or events which form the basis of the lawsuit, and each party denies owing any liability of any kind whatsoever to any other party for any of the acts or events which form the basis of the lawsuit;

  2.2 That in addition to this Stipulation, a stipulation will be signed by each party and shall be in favor of CAIC and against Truck Club and Solis entitled "Permanent Injunction";

  2.3 That the Permanent Injunction shall retrain and enjoin Solis, Truck Club, and any of the agents, employees, representatives of either Solis or Truck Club from conducting any business of any kind whatsoever, whether directly or indirectly, with CAIC, and with specificity from approaching CAIC or any of CAIC's agents or representatives either directly or through third persons for the purpose of obtaining any form of insurance coverage or insurance policy from CAIC (the "Permanent Injunction");

  2.4 That absent enforcement of a breach of the Permanent Injunction, each party shall bear its own costs incurred to date; and,

  2.5 That the parties shall, and hereby do, stipulate to the continuing jurisdiction of Magistrate Judge Nita L. Stormes for all purposes except trial as per a Stipulation and Consent to Proceed filed concurrently under separate cover.

  2.6 This matter is dismissed with prejudice except that the court retains jurisdiction to enforce the terms of the injunction.

  It is so stipulated:

ORDER
  Having participated in the Conference, having read and considered the foregoing Stipulation, and GOOD CAUSE APPEARING,

  IT IS HEREBY ORDERED that Judgment shall be entered in accord with the Parties' Stipulation.

20051114

© 1992-2005 VersusLaw Inc.



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