Free Stipulation - District Court of Delaware - Delaware

Case 1 :05-cv-00513-IVIPT Document 29 Filed O9/06/2005 Page 1 of 3 i
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
YAN THOU, et. al )
)
)
Plaintiffs, )
)
v. ) Case N0. 1:05-cv-00513-(SLR)
)
PACK & PROCESS, INC., et. al. )
J
Defendants. )
STIPULATION FOR CONSOLIDATION
WHEREAS, St. Paul Mercury Insurance Company ("St. Paul") filed an action against
Maly Yan for declaratory judgment on January 14, 2005 under Docket Number 05-0022 (KAJ),
and
WHEREAS, on March 16, 2005, an Amended Complaint was filed in that action wherein
Pack and Process, Inc. ("Pack & Process") was named as an additional plaintiff, and
WHEREAS, Maly Yan and others tiled an action on February 23, 2005 against St. Paul
and Pack & Process in the United States District Court for the Eastern District of Pennsylvania
("Pennsylvania Action"), and
WHEREAS, by order of the United States District Court for the Eastern District of
Pennsylvania, the Pennsylvania Action was transferred to this Court and docketed here on July
21, 2005 under Docket Number 05-00513 (SLR) (see attached copy of Judge Giles’ transfer
order), and
WHEREAS the parties to the above-referenced civil actions believe that consolidation of
the actions would be in their best interests and would further serve the interests of judicial
economy and efficiency,
DEASEY, MAHONEY ar BENDER, mn.
SUITE me · 1800 JOHN E KENNEDY BOULEVARD · PHILADELPHIA, PA rsroszgva

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/ Case 1 :05-cv-00513-IVIPT Document 29 Filed O9/06/2005 Page 2 of 3
{ IT IS HEREBY STIPULATED AND AGREED by the parties to the above-referenced
civil actions that the action docketed at 05-00513 shall be consolidated with the action docketed
l at 05-0022 for puiposes of discovery, case management and trial.
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Jose; K. goury, Esquire Jame B, urns, Esquire
Local Counsel for Defendants Co nsel or Defendants
Iégwlw I Q %Vi/Y/4. uy}/ry
_ { [
EY Anne Takvorian Saville, Esquire [gz; gp) Jo ua Van Naarden, Esquire
4 Local Counsel for Plaintiffs Counsel for Plaintiffs Yan TYIOUI Oeufn am
_ _ Navy Yan, Chan Yan, Thuha Son,
i Y?¤_Th¤¤· Indlvldually ¤¤d as chiau Thi Huynh, Maly Yan and
Administrator of the estate of Bay Thi Nguyen
Oeurn Mam, deceased, and Navy Yan, y y
deceased and Chan Yan, Thuha Son, A /.-\
Chieu Th' Huynh, Maly Yan and Bay ) ‘
' Th. ` ° '”‘ /9 .. ` / \Y•
Robert Mi ler, Esquire _,, I Warren Siegel , Esquire
Counsel for Plaintiffs ounsel for Kusti Leman, Asan Oh,
Uchalee Vong, Lawrence Vong and Tjajah Chandra and Lani Chandra
Donkeo Phravichit Plaintiffs
/7 7
_/“ '`I. ' ‘ •"
,,/ J 4/ ·” " A ca _ Cfiil., /
Richard Costi 6, Esquire Steven Dranoff Esquire
Counsel for P aintiffs Zair Shah, Counsel for Plaintiffs
Khan Gul, Salim Khan, Mohammad Soly Chan and Thorn Bun Khem
Khan and Azim Mohammad
S0 ORDERED this day
Of , 2905 Honorable Sue L. Robinson
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suura 1300 · 1800 loam a »
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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
YAN Tl-IOU, et al., :
Plaintiffs CIVIL ACTION
v. NO. 05-832
PACK & PROCESS, INC., et al.
Defendants.
QEE
AND NOW, this 9th day of May, 2005, upon consideration of defendants’ Motion to
Dismiss, or in the Alternative, to Transfer this Action to the United States District Court for the
District of Delaware, the responses thereto, and oral argument, it is hereby ORDERED that the motion
to dismiss is DENIED, and the motion to transfer is GRANTED, pursuant to 28 U.S.C. § l404(a).
The insurance policy in question was issued in Delaware, the accident occurred in
Delaware, and the employer insured is situated in Delaware. All pertinent factual issues regarding
coverage will have to be determined in accordance with Delaware law. All of the plaintiffs in the
above matter have a common interest in participating in the Delaware federal action to make claims,
even if competing claims, against the insured’s insurance policy. The Pennsylvania judgment against
the driver of the accident vehicle may not be issue preclusive against the employer, either in this action
or in the Delaware action.
The Clerk is directed to TRANSFER the file in the above-captioned matter to the
Clerk of the United States District Court for the District of Delaware.
BY THE COURT:
c.J.
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