Opinion
Case No.: C11-04018 (RS)
10-11-2011
TYLON & ONDRIA HUNT, Plaintiffs, v. AMERICAN INTERNATIONAL GROUP, INC. (AIG); AMERICAN GENERAL FINANCIAL SERVICES; H & H RECOVERY; and DOES 1 through 100., Defendants.
MARK JOSEPH KENNEY (State Bar No. 87345) ANDREW S. ELLIOTT (State Bar No. 254757) SEVERSON & WERSON Attorneys for Defendant American General Financial Services, Inc., now known as Springleaf Financial Services, Inc. ANEW LAW CORPORATION Demas W. Yan Attorneys for Plaintiffs Tylon Hunt and Ondria Hunt
MARK JOSEPH KENNEY (State Bar No. 87345)
ANDREW S. ELLIOTT (State Bar No. 254757)
SEVERSON & WERSON
Attorneys for Defendant
American General Financial Services,
Inc., now known as Springleaf
Financial Services, Inc.
STIPULATION AND [PROPOSED] ORDER REGARDING ARBITRATION AND STAY OF CIVIL ACTION AS MODIFIED BY THE COURT
WHEREAS, on August 16, 2011, defendant American General Financial Services, Inc. ("AGFS") filed a Motion to Compel Arbitration and Stay Litigation ("Motion");
WHEREAS, for the reasons set forth in the Motion, plaintiffs Tylon and Ondria Hunt ("Plaintiffs") and AGFS believe that, to the extent Plaintiffs purport to have asserted any claims in their complaint, they are required to be resolved in arbitration pursuant to the parties' agreement; and
WHEREAS, the parties believe that the above-captioned civil action, including all discovery, should be stayed in its entirety pending completion of the arbitration;
NOW THEREFOR, IT IS HEREBY STIPULATED AND REQUESTED by the parties hereto, through their respective counsel, that the Court order as follows:
1. Plaintiffs are compelled to bring their claims, if at all, in arbitration in accordance with the parties' May 27, 2008 Loan Agreement and Disclosure Statement;
2. This action shall be, and hereby is, stayed in its entirety pending completion of any initiated arbitration.
3. Plaintiffs must initiate arbitration within 60 days from service of notice of entry of this Order; and
4. Plaintiffs' failure to commence arbitration as set forth above will result in the dismissal of this case with prejudice.
5 The parties are ordered to appear telephonically at a Case Management Conference on February 9, 2012 at 10:00 a.m. The parties shall call Court Conference at 866/582-6878 to arrange their participation at least one week prior to the conference.
IT IS SO STIPULATED.
ANEW LAW CORPORATION
Demas W. Yan
Attorneys for Plaintiffs Tylon Hunt and Ondria Hunt
SEVERSON & WERSON A Professional Corporation
Andrew S. Elliott
Attorneys for Defendant
American General Financial Services, Inc., now
known as Springleaf Financial Services, Inc.
IT IS SO ORDERED.
Hon. Richard Seeborg
United States District Court Judge