STIPULATION AND (PROPOSED) JUDGMENT; CASE NO. CIV.S-04-0836 GEB JFM -P

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JOSEPH C. MCGOWAN, ESQ. (SBN 166426) 

KIRSTEN A. ROE, ESQ. (SBN 222513) 

WATT, TIEDER, HOFFAR & FITZGERALD, L.L.P. 

Citigroup Center 

One Sansome Street, Suite 1050 

San Francisco, California 94104 

(415) 623-7000 (Telephone) 

(415) 623-7001 (Facsimile) 

Attorneys For Plaintiff 

First National Insurance Company of America 

UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF CALIFORNIA 

SACRAMENTO 

FIRST NATIONAL INSURANCE 

COMPANY OF AMERICA, a Washington 

corporation, 

 Plaintiff, 

 vs. 

MBA CONSTRUCTION, a California 

corporation doing business as MACK 

CONSTRUCTION; KEVIN D. MACK, an 

individual; KATIE BAUGH, an individual; 

DANNY W. BAUGH, an individual; and 

DOES 1 through 25, 

 Defendants. 

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CASE NO.: CIV.S-04-0836 GEB JFM -P 

STIPULATION AND 

(PROPOSED) JUDGMENT 

The parties to this action, plaintiff FIRST NATIONAL INSURANCE COMPANY OF AMERICA 

("Plaintiff") and defendants MBA CONSTRUCTION, MACK CONSTRUCTION, KEVIN D. MACK, 

KATIE BAUGH AND DANNY W. BAUGH (collectively "Defendants") agree to the following 

STIPULATION AND PROPOSED JUDGMENT, with reference to the following facts: 

A. Defendants, on September 2, 2005, made an Offer of Judgment, pursuant to Federal Rule 

of Civil Procedure 68, which Offer of Judgment stated, "Defendants, MBA Construction dba Mack 

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STIPULATION AND (PROPOSED) JUDGMENT; CASE NO. CIV.S-04-0836 GEB JFM -P

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Construction, Kevin Mack, Katie Baugh, and Danny Baugh hereby offer to allow judgment to be taken 

against them, joint and severally, the amount of $102,966.00 with recoverable interest, costs and 

attorney's fees pursuant to Rule 68 of the Federal Rules of Civil Procedure. This Offer of Judgment 

includes and will satisfy the court order for Defendants to collateralize Plaintiff in the amount of 

$77,728." 

B. It is plaintiff's intent to accept this Offer of Judgment, provided that Plaintiff and 

Defendants clarify their mutual understanding of its terms. For this purpose, Plaintiff and Defendants 

stipulate, through their respective attorneys of record, that: 

1. Judgment shall be entered in favor of First National Insurance Company against 

Defendants MBA Construction dba Mack Construction, Kevin Mack, Katie Baugh and Danny Baugh, 

joint and severally, in the amount of $102,966.00, exclusive of any recoverable interest, costs or 

attorneys’ fees; 

2. Plaintiff's claims for interest, costs and attorneys’ fees shall each be submitted to the Court 

pursuant to Local Rules 52-292, 52-293, or as otherwise Ordered by the Court; 

3. The submission of this Stipulation and Proposed Judgment waives neither Plaintiff's claims 

for interest, costs, and/or attorneys' fees, nor Defendants' defenses to said claims for interest, costs and/or 

attorneys' fees; 

4. The Court shall rule on the recoverability of Plaintiff's claims for interest, costs and 

attorneys' fees pursuant to applicable law, and issue an additional judgment if, and to the extent, the Court 

finds interest, costs and/or attorneys' fees are recoverable; and 

5. The Judgment of the Court, pursuant to this Stipulation and Proposed Order, satisfies the 

Court's Order of August 12, 2005 for the Defendant's to collateralize Plaintiff in the amount of $77,728. 

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STIPULATION AND (PROPOSED) JUDGMENT; CASE NO. CIV.S-04-0836 GEB JFM -P

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Dated:_____________________ __________________________________________________ 

Joseph C. McGowan, Esq. 

Kirsten A. Roe, Esq. 

WATT, TIEDER, HOFFAR & FITZGERALD, LLP 

One Sansome Street, Suite 810 

San Francisco, CA 94104 

Tel: (415) 623-7000 

Fax (415) 623-7001 

Attorneys for Plaintiff 

FIRST NATIONAL INSURANCE COMPANY OF AMERICA 

Dated:_____________________ __________________________________________________ 

John E. Cassinat, Esq. 

Brian Barrad, Esq. 

CASSINAT LAW CORPORATION 

4815 Laguna Park Drive, Suite C 

Elk Grove, CA 95758 

Tel: (916) 393-3030 

Fax: (916) 393-4238 

Attorneys for Defendants MBA CONSTRUCTION dba MACK 

CONSTRUCTION, KEVIN D. MACK, KATIE BAUGH, and 

DANNY W. BAUGH 

NOW, THERFORE, IT IS ORDERED, ADJUDGED AND DECREED that: 

1. Judgment is hereby entered in favor of First National Insurance Company against 

Defendants MBA Construction dba Mack Construction, Kevin Mack, Katie Baugh and Danny Baugh, 

joint and severally, in the amount of $102,966.00, exclusive of any recoverable interest, costs or 

attorneys’ fees; 

2. Plaintiff's claim for interest, costs and attorneys’ fees shall each be submitted to the Court 

pursuant to Local Rules 52-292, 52-293, or as otherwise Ordered by the Court; 

3. This Judgment waives neither Plaintiff's claims for interest, costs, attorneys' fees, nor any 

of Defendants' defenses to said claims; 

4. The Court shall rule on Plaintiff's claims for interest, costs and/or attorneys' fees pursuant 

to applicable law, and issue an additional judgment if, and to the extent, the Court finds interest, costs 

and/or attorneys' fees are recoverable; and 

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5. This Judgment satisfies the Court's Order of August 11, 2005 for the Defendants to 

collateralize Plaintiff in the amount of $77,728. 

IT IS SO ORDERED. 

DATED: September 8, 2005 /s/ Garland E. Burrell, Jr. 

 GARLAND E. BURRELL, JR. 

United States District Judge 

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