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American Economy Insurance Co. v. Herrera

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


January 16, 2008

AMERICAN ECONOMY INSURANCE COMPANY, AN INDIANA CORPORATION, PLAINTIFF,
v.
NICEFORO HERRERA, INDIVIDUALLY AND DOING BUSINESS AS ACAPULCO'S PRODUCE MARKET; NICHOLAS M. FINTZELBERG DOING BUSINESS AS MILNIK TRUST PROPERTIES; LUIS BENITEZ; AND JOHANNA BENITEZ, BY AND THROUGH HER GUARDIAN AT LITEM, LUIS BENITEZ, DEFENDANTS.

The opinion of the court was delivered by: Cathy Ann Bencivengo United States Magistrate Judge

ORDER FOLLOWING MANDATORY SETTLEMENT CONFERENCE

On January16, 2008, the Court held a Mandatory Settlement Conference. Greg Thorton appeared on behalf of Plaintiff American Economy Insurance Company ("American Economy") with counsel Scott Murch, Esq. Defendant Nicholas Fintzelberg appeared with his counsel Seth Friedman, Esq., and Robert Steiner, Esq. Defendant Luis Herrera appeared with his counsel, William Baker, Esq. Defendant Luis Benitez, pro se, failed to appear on his own behalf and as guardian ad litem for Defendant Johanna Benitez.

The parties who were present resolved the matter on the following terms. Plaintiff American Economy will dismiss its claim with prejudice against Defendant Fintzelberg, doing business as Milnik Trust Properties, in exchange for a waiver of costs and fees.

Defendant Fintzelberg further agreed not to pursue any claims against American Economy for bad faith, malicious prosecution, abuse of process, or similar such claim, arising from the filing of this action.

Plaintiff American Economy and Defendant Hererra will submit a joint motion for a consent judgment of recision.

Accordingly, the Court finds good cause to VACATE the Scheduling Order.

The Court shall hold a telephonic status conference with Plaintiff and Defendant Benitez on March 14, 2008, at 9:30 a.m., to address disposition of the remainder of this matter. Counsel for Plaintiff shall coordinate and initiate the call.

As to Plaintiff American Economy and Defendant Fintzelberg, IT IS HEREBY ORDERED:

1. A Joint Motion for Dismissal shall be electronically filed on or before February 28, 2008.*fn1 On the same day the Joint Motion for Dismissal is filed, the proposed order for dismissal, for the signature of the Honorable William Q. Hayes, shall be emailed to the chambers of the Honorable Cathy Ann Bencivengo.*fn2

2. If a Joint Motion for Dismissal and proposed order for dismissal are not submitted on or before February 28, 2008, then a Settlement Disposition Conference shall be held on February 29, 2008, at 9:30 a.m. before Judge Bencivengo. The conference shall be telephonic, with attorneys only. Counsel for Plaintiff shall initiate and coordinate the conference call.

3. If a Joint Motion for Dismissal and proposed order for dismissal are received on or before February 28, 2008, the Settlement Disposition Conference shall be VACATED without further court order.

IT IS SO ORDERED.


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