Fluor Australia Pty Ltd v. Allianz Global Risks US Insurance Company et al

Filing 89

ORDER by Judge Virginia A. Phillips, GRANTING MOTION for Release of Funds (Interpleaded Funds) 87 . See attached Order. (gg)

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WILLIAM J. CASEY (SBN 116531) ANDREW G. WANGER (SBN 166449) cc: Fiscal Section ERIC A. MOON (SBN 209260) WILLIAM NEWMARK (SBN 254889) O CLYDE & CO US LLP 505 Montgomery Street, Tenth Floor San Francisco, California 94111 Telephone: [phone] Facsimile: [phone] Email: [e-mail] [e-mail] [e-mail] [e-mail] Attorneys for Defendants/Counterclaimants/Cross-Claimants CERTAIN LLOYD'S UNDERWRITERS, SR INTERNATIONAL BUSINESS INSURANCE CO. LTD., and KEMPER ENVIRONMENTAL, LTD.

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA EASTERN DIVISION FLUOR AUSTRALIA PTY. LTD., an Australian corporation, Plaintiff, v. ALLIANZ GLOBAL RISKS US INSURANCE COMPANY, formerly known as Allianz Underwriters Insurance Company, a California Corporation; CERTAIN LLOYD'S UNDERWRITERS, a United Kingdom entity; SR INTERNATIONAL BUSINESS INSURANCE CO. LTD., a United Kingdom entity; and KEMPER ENVIRONMENTAL, LTD., an Illinois corporation, Defendants. AND RELATED CROSS-ACTIONS & COUNTER CLAIMS CASE NO. SACV04-1326 VAP (SGLx)
STIPULATION FOR RELEASE OF INTERPLEADED FUNDS

STIPULATION FOR RELASE OF INTERPLEADED FUNDS SACV04-1326 VAP

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505 Montgomery Street, Tenth Floor San Francisco, California 94111 Telephone: [phone]

Plaintiff FLUOR AUSTRALIA PTY. LTD ("Plaintiff"), Defendants, Counterclaimants and Cross-claimants CERTAIN LLOYD'S UNDERWRITERS, SR INTERNATIONAL, AND KEMPER ENVIRONMENTAL (Collectively, the "Fifth Layer Insurers"), and Defendant ALLIANZ GLOBAL RISKS US INSURANCE COMPANY ("Allianz"), hereby stipulate as follows: WHEREAS, Plaintiff deposited $25,991.00 with this Court on December 3, 2004; WHEREAS, this Court issued its ruling on August 15, 2005 on the parties' cross-motions for summary judgment. The Court, in granting in part the Fifth Layer Insurers motion, stated, "The Fifth Layer Insurers are entitled to all subrogation recoveries by Fluor on a top-down basis . . ." WHEREAS, the Ninth Circuit affirmed this Court's ruling on June 13, 2007; WHEREAS, the parties are in agreement that the funds on deposit with this Court, $25,991.00, should be distributed to the Fifth Layer Insurers along with any accrued interest; Plaintiff, Fifth Layer Insurers and Allianz, all hereby stipulate and agree that the interpleaded funds on deposit with the Court in this matter, specifically, the subrogation recovery funds in the amount of $25,991.00, be distributed to the Fifth Layer Insurers, with interest. IT IS SO STIPULATED.

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CLYDE & CO US LLP

STIPULATION FOR RELASE OF INTERPLEADED FUNDS SACV04-1326 VAP

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505 Montgomery Street, Tenth Floor San Francisco, California 94111 Telephone: [phone]

Dated: September__, 2008 By:

Clyde & Co. US, LLP. Andrew G. Wanger Attorneys for Fifth Layer Insurers Latham Watkins, LLP. By: Brook B. Roberts Attorneys for Plaintiff Denenberg Tuffley PLLC By: Jeffrey R. Learned Attorneys for Allianz

Dated: September__, 2008

Dated: September__, 2008

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CLYDE & CO US LLP

ORDER Good cause being shown, IT IS THEREFORE ORDERED THAT The interpleaded funds on deposit with the Court in this matter, specifically, the subrogation recovery funds in the amount of $25,991.00, hereby be distributed to the Fifth Layer Insurers. This distribution is to include all incurred, he amount of $______________, for a total amount of $______________. IT IS SO ORDERED.

DATED: _September 22, 2008

__________________________ United States District Judge

STIPULATION FOR RELASE OF INTERPLEADED FUNDS SACV04-1326 VAP

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