Free Letter - District Court of Delaware - Delaware

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° Case 1 :05-cv—00022-IVIPT Document 51 -2 Filed 09/06/2005 Page 1 of 3 i
I IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
1 ST. PAUL MERCURY INSURANCE )
COMPANY, )
)
And )
)
PACK AND PROCESS, INC. )
)
Plaintiffs, )
- )
v. ) Case N0. 05-0022 (KAJ)
)
MALY YAN, )
)
Defendant. )
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 this action wherein
Pack and Process, Inc. ("Pack & Process") was named as an additional plaintiff and
WHEREAS, Maly Yan and others filed an action on February 23, 2005 against St. Paul
and Pack & Process in the United States District Court for the Eastem District of Pennsylvania
("Pennsylvania Action"), and
WHEREAS, by order of the United States District Court for the Eastern District of
Pennsylvania, the Pemisylvania 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,
¤EAsEv, MAHONEY ar EENDER, mn.
SUITE mo · moo JOHN E KENNEDY BOULEVARD · PHILADELPHIA, PA isioazgva

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I Case 1 :05-cv—00022-IVIPT Document 51 -2 Filed 09/06/2005 Page 2 of 3 I
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
at 05-0022 for purposes of discovery, case management and trial.
IL / I <’ MI 7 /"~
Josep K. oury, Esquir [qg 7,,2,) Ja s B Bums, Esquire
Local Counsel for Plainti Co Hg or Plaintiffs
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gf ,— 5 ,¤‘ ",*’
Yv nne Takvorian Saville, Esquire (gw gp) Jo ,— ua Van. Naarden, Esquire
S L cal Counsel for Defendant unsel for Defendant
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}/"D
I ./‘ 01` i- 1
<_T4____,_ if Aye , ,, _ =
Robert Miller, Esquire Warren Siege , Esquire I
Counsel for Uchalee Vong, Counsel for Kusti Leman, Asan h'
Lawrence Vonql and D/£>_n_l;eo Phravichit Tjaj ah Chandra and Lani Chandr
, ~·’’ J ,·i? r
./{fg /;” # _ {5} 1 .¢ta L 1. vi I NI ’ / »--(I/I 7/
Richard Costigatn _f~Esquire Steven Dranoff, Esqui
Counsel for Za%y!Shah, Khan Gul, Counsel for Soly Chan and Thor
Salim Khan , Mo ammad Khan and Az im Bun Khem
Mohammad
SO ORDERED this day
of , 2005. The Honorable Kent: A. Jordan
DEASEY MAHONEY 81 BENDER, LTD.
SUITE 1300 • 1800 JOHN F. KENNEDY BOULEVARD • PHILADELPHIA, PA 19103-2978

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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
YAN THOU, et al., :
Plaintiffs CIVIL ACTION -
v. NO. 05-832
PACK & PROCESS, INC., etal.
Defendants.
ORDFR
AND NOW, this 9th day of May, 2005, upon consideration of defendants’ Motion to
Dismiss, or in the Altemative, 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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