Carver
Carver v. American Family Mutual Ins. Co.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 Shelby Carver, No. 2:21-cv-01082-KJM-DMC Plaintiff, ORDER Vv. American Family Mutual Insurance Co., Defendant. 16 Plaintiff sustained substantial injury in an accident involving an underinsured motorist. Compl. at 2, ECF 1-1. Plaintiff was insured by defendant and sought payment for medical expenses to no avail. Jd. at 3. Plaintiff brought three claims against defendant in state court: 20 1) breach of contract; 2) breach of the implied covenant of good faith and fair dealing; and 3) breach of fiduciary duties. See generally id. The defendants removed. Notice of Removal, 1. The parties have filed a stipulation to bifurcate and stay claim two, Bifurcate Stip., ECF No. 5, and dismiss claim three, Dismiss Stip., ECF No. 6. The court denies the stipulation to dismiss because individual claims may not be dismissed by stipulation. See Hells Canyon Pres. Council v.…