Houston Casualty Company v. Charter Oak Fire Insurance Company et al

Filing 123

STIPULATION and ORDER for Dismissal Without Prejudice of the Third Cause of Action in Travelers' Cross-Claim Against MP Nexlevel of California, Inc., signed by Chief Judge Lawrence J. O'Neill on 2/14/17. (Hellings, J)

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THE AGUILERA LAW GROUP, APLC
A. Eric Aguilera, Esq. (SBN 192390)
Raymond E. Brown, Esq. (SBN 164819)
Rebecca E. Hunter, Esq. (SBN 271420)
650 Town Center Drive, Suite 100
Costa Mesa, CA 92626
T: 714-384-6600 / F: 714-384-6601
[e-mail]
[e-mail]
[e-mail]
Attorneys for defendant/counter-claimant/cross-claimant TRAVELERS
PROPERTY CASUALTY COMPANY OF AMERICA, erroneously sued as THE
CHARTER OAK FIRE INSURANCE COMPANY and THE PHOENIX
INSURANCE COMPANY

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA – FRESNO DIVISION

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HOUSTON CASUALTY COMPANY,

)
)
Plaintiff,
)
v.
)
)
THE CHARTER OAK FIRE
)
INSURANCE COMPANY; ACE
)
AMERICAN INSURANCE COMPANY; )
PREFERRED CONTRACTORS
)
INSURANCE COMPANY, RRG, LLC; )
THE PHOENIX INSURANCE
)
COMPANY; WEST AMERICAN
)
INSURANCE COMPANY; CRUM &
)
FORSTER SPECIALTY INSURANCE )
COMPANY; FINANCIAL PACIFIC
)
INSURANCE COMPANY; MP
)
NEXLEVEL OF CALIFORNIA, INC.; )
and DOES 1 through 10,
)
Defendants.
)

Case No. 1:16-cv-00535-LJO-EPG
STIPULATION AND ORDER FOR
DISMISSAL WITHOUT
PREJUDICE OF THE THIRD
CAUSE OF ACTION IN
TRAVELERS’ CROSS-CLAIM
AGAINST MP NEXLEVEL OF
CALIFORNIA, INC.

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AND RELATED CROSS-ACTIONS

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)
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IT IS HEREBY STIPULATED by and between Cross-Claimant

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TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA and Cross-

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Defendant MP NEXLEVEL OF CALIFORNIA, INC., through their respective

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counsels of record, that the third cause of action for breach of the implied covenant

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of good faith and fair dealing and the request for punitive damages in TRAVELERS

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PROPERTY CASUALTY COMPANY OF AMERICA’s cross-claim (Dkt. No. 28)

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filed on May 24, 2016, be dismissed without prejudice. Although MP NEXLEVEL

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OF CALIFORNIA, INC. has not filed its responsive pleading, the parties further

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stipulate to bear their own costs incurred to the date of this Stipulation and as it

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relates to the third claim for relief.

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Dated: February 14, 2017

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THE AGUILERA LAW GROUP, APLC
/s/ Rebecca E. Hunter, Esq.
A. Eric Aguilera, Esq.
Raymond E. Brown, Esq.
Rebecca E. Hunter, Esq.
Attorneys for Defendant TRAVELERS PROPERTY
CASUALTY COMPANY OF AMERICA,
erroneously sued as THE CHARTER OAK FIRE
INSURANCE COMPANY and THE PHOENIX
INSURANCE COMPANY

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Dated: February 14, 2017

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NEWMEYER & DILLION, LLP
/s/ Graham C. Mills, Esq.
Alan H. Packer, Esq.
Graham C. Mills, Esq.
DEWITT MACKALL CROUNSE & MOORE, SC
Holly J. Newman, Esq.
James D. Kremer, Esq.
Attorneys for Defendant/Cross-Defendant MP
Nexlevel of California, Inc.

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ORDER
IT IS HEREBY ORDERED that the third cause of action for breach of the
implied covenant of good faith and fair dealing and the prayer for punitive damages
in TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA’s crossclaim (Dkt. No. 28) filed on May 24, 2016 against MP NEXLEVEL OF
CALIFORNIA, INC., is dismissed without prejudice. Each party to bear their own
costs incurred to the date of the Stipulation.

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IT IS SO ORDERED.
Dated:

February 14, 2017

/s/ Lawrence J. O’Neill _____
UNITED STATES CHIEF DISTRICT JUDGE