Sea Planes Inc v. Caterpillar Inc et al

Filing 45

ORDER OF JUDGMENT OF RESCISSION by Judge Fernando M. Olguin. The remaining allegations contained in Plaintiff Underwriters' Complaint against Defendant SEA PLANES, INC. are HEREBY dismissed with prejudice, and also SEA PLANES, INC.'s Counter-Claim against Plaintiff Underwriters is HEREBY dismissed with prejudice, with all parties to bear their own attorneys' fees and costs. (kbr)

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G. GEOFFREY ROBB (131515)
MARISA G. HUBER (254171)
GIBSON ROBB & LINDH LLP
201 Mission Street, Suite 2700
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
Email:
[e-mail]
[e-mail]

Attorneys for Plaintiffs and Counter-Defendants
THE NORTHERN ASSURANCE COMPANY OF AMERICA
7 (INTERNATIONAL MARINE UNDERWRITERS) and GREAT AMERICAN
INSURANCE COMPANY OF NEW YORK
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RYAN D. SABA (192370)
MOMO E. TAKAHASHI (238965)
ROSEN SABA LLP
11 468 N. Camden Drive, Third Floor
Beverly Hills, California 90210
12 Telephone: [phone]
Facsimile: [phone]
13 Email:
[e-mail]
[e-mail]
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Attorneys for Defendant and Counter-Claimant
SEA PLANES, INC.

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

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THE NORTHERN ASSURANCE
COMPANY OF AMERICA, a
22 corporation, and
GREAT AMERICAN INSURANCE
23 COMPANY OF NEW YORK, a
corporation
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Plaintiffs

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SEA PLANES, INC., a corporation, )
26 and DOES ONE through TEN
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Defendants
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27 ______________________________ )
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Case No. CV 12-04690-FMO (PLAx)
consolidated with CV 12-7039
ORDER OF
JUDGMENT OF RESCISSION

Complaint Filed: May 31, 2012

ORDER OF JUDGMENT OF RESCISSION
Case No. CV 12-04690-FMO (PLAx) Consolidated with CV 12-7039; Our File No. 3514.88

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Counter-Claimant,
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vs.
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THE NORTHERN ASSURANCE
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5 COMPANY OF AMERICA, a
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California corporation, and GREAT )
6 AMERICAN INSURANCE
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COMPANY OF NEW YORK, a
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7 California corporation; and ROES
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ONE through TEN.
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Counter-Defendants.
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______________________________ )
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Consolidated with:
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SEA PLANES, INC., a California
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12 corporation,
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Plaintiff,
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v.
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15 CATERPILLAR, INC., a Delaware )
corporation; QUINN COMPANY,
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16 INC., a California corporation;
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QUINN GROUP, INC., a California )
17 corporation; QUINN POWER
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SYSTEMS, an unknown entity; AND )
18 DOES 1 through 10, Inclusive,
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Defendants.
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______________________________
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SEA PLANES, INC., a California
corporation,

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Pursuant to Stipulation by and between Plaintiffs THE NORTHERN
ASSURANCE COMPANY OF AMERICA (INTERNATIONAL MARINE
UNDERWRITERS) and GREAT AMERICAN INSURANCE COMPANY OF
NEW YORK (collectively “Underwriter Plaintiffs”) and Defendant SEA PLANES,
INC., that without admission of liability, Judgment for Rescission of the insurance
policies at issue in this action issued by Underwriter Plaintiffs to Defendant from
2006 through 2011 (policy nos. SEA 5441, SEA 5442, SEA 5443, SEA 5444, SEA
5445, SEA 5446, and OMH6661943) IS HEREBY ENTERED.
ORDER OF JUDGMENT OF RESCISSION
Case No. CV 12-04690-FMO (PLAx) Consolidated with CV 12-7039; Our File No. 3514.88

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The remaining allegations contained in Plaintiff Underwriters’ Complaint

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against Defendant SEA PLANES, INC. are HEREBY dismissed with prejudice,

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and also SEA PLANES, INC.’s Counter-Claim against Plaintiff Underwriters is

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HEREBY dismissed with prejudice, with all parties to bear their own attorneys’

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fees and costs.

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Such entry of stipulated judgment and dismissal of Complaint and Counter-

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Claim herein shall have no bearing on the remaining consolidated action of SEA

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PLANES, INC. v. CATERPILLAR, INC., QUINN COMPANY, INC., QUINN

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GROUP, INC., and QUINN POWER SYSTEMS, (formerly case No. CV 12-7039

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presently consolidation with the present Case No. CV 12-04690).
IT IS SO ORDERED.

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Dated: June 19, 2013

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_____________/s/_________________
Hon. Fernando M. Olguin
United States District Judge

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ORDER OF JUDGMENT OF RESCISSION
Case No. CV 12-04690-FMO (PLAx) Consolidated with CV 12-7039; Our File No. 3514.88

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