Moore

Moore v. Hagerty Insurance Agency, LLC

Good Law
United States District Court, Northern District of CaliforniaMarch 30, 20213:19-cv-05453California2,449 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 TIMOTHY MOORE, Case No. 19-cv-05453-EMC

Plaintiff,

ORDER GRANTING PLAINTIFF’S

v. MOTION TO SET ASIDE DISMISSAL

HAGERTY INSURANCE AGENCY, LLC, Docket No. 64 et al., 11 Defendants. 12 13 Plaintiff Timothy Moore has filed a Motion to Set Aside Dismissal under Federal Rule of Civil Procedure 60. Docket No. 64. Counsel for Mr. Moore argues that he entered into a stipulated dismissal with counsel for Defendants with the understanding that the case would be handled the same way as Overfelt v. Hagerty Insurance Agency, LLC et al., No. 3:19-cv-04927-SI, a similar case which same counsel previously settled. Unlike Overfelt, however, Defendants now refuse to pay the undisputed $50,000 insurance coverage on Mr. Moore’s vehicle, an amount not in dispute in the underlying case. For the reasons that follow, the Court GRANTS Plaintiff’s Motion to Set Aside Dismissal. I. BACKGROUND A. Procedural Background (Moore)…

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