ACF Western USA, Inc. v. Travelers Casualty Insur. Co. of America, et al.

Filing 37

STIPULATION and ORDER DISMISSING CASE signed by Magistrate Judge Barbara A. McAuliffe on 12/10/2012. CASE CLOSED. (Jessen, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA – FRESNO DIVISION 10 11 ACF WESTERN USA, INC., a California NonProfit Corporation, Plaintiff, 12 13 vs. 14 15 TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, 16 Defendant. 17 18 ) CASE NO. 1:12-cv-00182-BAM ) ) STIPULATION OF DISMISSAL AND ) ORDER ) ) ) ) ) ) ) ) ) ) STIPULATION OF DISMISSAL 19 In accordance with their concurrently filed Joint Notice of Settlement of Entire Case, ACF 20 WESTERN USA, INC. and TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA 21 hereby stipulate that the above-captioned matter be dismissed with prejudice each party to bear its 22 own costs and attorneys fees, with the exception of those subject to his Court’s prior sanction order. 23 24 25 26 27 28 /././ -1- 1 ORDER 2 Pursuant to the Joint Notice of Settlement and Stipulation of Dismissal (Doc. 35, 36), this 3 case is dismissed with prejudice. All pending motions and hearings are vacated. Each party will 4 bear their own costs and attorneys fees, with the exception of those subject to the Court’s prior 5 sanction order. (Doc. 34.) The Court shall retain jurisdiction over this matter for one hundred and 6 twenty days time to allow for the parties to fulfill their duties under the settlement agreement. 7 8 IT IS SO ORDERED. 9 Dated: 10 /s/ Barbara December 10, 2012 _ UNITED STATES MAGISTRATE JUDGE DEAC_Signature-END: 11 A. McAuliffe 10c20kb8554 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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