Endurance American Specialty Insurance Company v. AFA Financial Group, LLC et al

Filing 344

ORDER APPROVING PAYMENT AND DISMISSING ACTION by Judge Dale S. Fischer, re Stipulation to Dismiss Case, 343 . The Court orders the following: 1. In accordance with the terms of the parties agreement, payment is authorized in the amount of $144 ,767.55, leaving $3,666,583.12 remaining under the Policys aggregate limit. 2. The terms agreed to by the parties constitute a full and fair settlement of all claims concerning the California Cotton Claim and all other actual or potential count er-claims or cross-claims related thereto in this action. 3. There being no other claims to the insurance policy in dispute, this action is dismissed in its entirety. The parties shall pay their own attorneys fees and costs. However, the Court shall retain jurisdiction to enforce the terms of the settlement agreement or as appropriate. 4. The Clerk is directed to enter this Order forthwith as the final judgment of the Court. Case Terminated. Made JS-6. (rp)

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1 2 JS 6 3 CC: FISCAL 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 ENDURANCE AMERICAN ) CASE NO. 2:11-CV-1073 DSF (AJWx) SPECIALTY INSURANCE COMPANY, ) ) ) Claimant-Plaintiff, ) ORDER APPROVING PAYMENT ) AND DISMISSING ACTION vs. ) ) AFA FINANCIAL GROUP, LLC, et al. ) ) Claimant-Defendants. ) ) ) 18 19 Having considered the Joint Stipulation filed on March 26, 2012 by plaintiff 20 Endurance American Specialty Insurance Company and defendants AFA Financial 21 Group LLC, Rodney S. Palmer, and California Cotton Alliance, the Court orders the 22 following: 23 1. In accordance with the terms of the parties’ agreement, payment is 24 authorized in the amount of $144,767.55, leaving $3,666,583.12 remaining under the 25 Policy’s aggregate limit. 26 2. The terms agreed to by the parties constitute a full and fair settlement of 27 all claims concerning the California Cotton Claim and all other actual or potential 28 counter-claims or cross-claims related thereto in this action. 1 [PROPOSED] ORDER APPROVING PAYMENT AND DISMISSING ACTION LA:1005618/00001:693322v2 1 3. There being no other claims to the insurance policy in dispute, this action 2 is dismissed in its entirety. The parties shall pay their own attorneys’ fees and costs. 3 However, the Court shall retain jurisdiction to enforce the terms of the settlement 4 agreement or as appropriate. 5 4. The Clerk is directed to enter this Order forthwith as the final judgment 6 of the Court. 7 IT IS SO ORDERED 8 9 Dated: 3/27/12 10 DALE S. FISCHER United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 [PROPOSED] ORDER APPROVING PAYMENT AND DISMISSING ACTION LA:1005618/00001:693322v2

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