Los Angeles Dodgers LLC v. ACE American Insurance Company

Filing 58

STIPULATION AND ORDER OF DISMISSAL by Judge John F. Walter that this action should be dismissed with prejudice, with each party to bear its own costs and attorneys fees, re Stipulation to Dismiss 57 . Good cause therefore appearing. (Made JS-6. Case Terminated.) (jp)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
ATTO R N E Y S AT LAW LOS A N G E L E S

LATHAM & WATKINS LLP G. Andrew Lundberg (SBN 108509) [e-mail] Alexandra A. Roje (SBN 210566) [e-mail] 355 South Grand Avenue, Suite 1500 Los Angeles, California 90071-1560 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff Los Angeles Dodgers LLC UNITED STATES DISTRICT COURT

JS-6

FOR THE CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION

LOS ANGELES DODGERS LLC, Plaintiff, v. ACE AMERICAN INSURANCE COMPANY, Defendant.

CASE NO. CV-08-8082 JFW (CTx) STIPULATION AND ORDER OF DISMISSAL Discovery Cut-off: January 5, 2010 Pre-trial Conference Date: March 5, 2010 Trial Date: March 23, 2010

STIPULATION The parties hereto, through their respective undersigned counsel, are agreed and hereby stipulate as follows: 1. On December 8, 2008, Los Angeles Dodgers LLC (the "Dodgers") filed this

action against ACE American Insurance Company ("ACE"), asserting claims for breach of contract, bad faith, deceit, and unfair business practices, based on ACE's alleged failure to pay benefits due under an insurance policy, and on March 4, 2009, ACE answered, denying all material allegations; 2. 3.
LA\2016805.1

On July 6, 2009, the Dodgers moved in limine to determine the burden of proof; On July 13, 2009, ACE moved for summary judgment on the Dodgers' claims or, 1

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

in the alternative, partial summary judgment on the burden of proof; 4. On July 22, 2009, the Court denied the Dodgers' motion in limine without

prejudice to its being noticed for hearing on March 12, 2010, the date set by the Court for hearing on motions in limine; 5. On July 30, 3009, the Court denied ACE's motion for summary judgment and

denied ACE's partial summary judgment motion without prejudice to its being brought as a motion in limine; 6. The parties desire to resolve fully and finally any remaining disagreements

between them and have settled this action by agreement. Accordingly, this action should be dismissed with prejudice, with each party to bear its own costs and attorneys' fees. The parties respectfully request that the Court enter its order in accordance herewith. Dated: September 9, 2009 LATHAM & WATKINS LLP G. Andrew Lundberg Alexandra A. Roje By /s/ Alexandra A. Roje Attorneys for Plaintiff Los Angeles Dodgers LLC Dated: September 9, 2009 O'MELVENY & MYERS LLP Richard B. Goetz Catalina Joos Vergara By /s/ Catalina Joos Vergara Attorneys for Defendant ACE American Insurance Company ORDER Good cause therefore appearing, IT IS SO ORDERED. Dated: September 16, 2009 Hon. John F. Walter United States District Judge
LA\2016805.1

ATTO R N E Y S AT LAW LOS A N G E L E S

2