Atlantic Casualty Insurance Company v. Crum, et al.

Filing 38

ENTRY OF JUDGMENT 36 signed by District Judge Dale A. Drozd on 2/7/2019. (Lundstrom, T)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11
12

ATLANTIC CASUALTY INSURANCE
COMPANY,
Plaintiff,

13
14
15
16

No. 1:17-cv-00459-DAD-SKO

ENTRY OF JUDGMENT
v.
(Doc. No. 36)
SAM CRUM, et al.,
Defendants.

17
18

On January 30, 2019, the undersigned issued an order granting plaintiff’s motion for

19

summary judgment in part. (See Doc. No. 34.) In doing so, the court declared that plaintiff, an

20

insurance company, was not obligated to defend or indemnify defendant in an underlying state

21

court proceeding because the causes of action in that proceeding did not fall within the scope of

22

defendant’s insurance policy with plaintiff. (Id.) The court granted plaintiff leave to file

23

supplemental briefing on its remaining claim seeking a judicial declaration that plaintiff is entitled

24

to reimbursement of the fees and costs it has expended in defending defendant in the state court

25

action. (Id. at 15–16.)

26

On January 31, 2019, the parties informed the court that they reached a settlement in this

27

action. (See Doc. No. 35.) As per the parties’ stipulation of dismissal of this action, the parties

28

agree to following: (1) this action will be dismissed with prejudice; (2) each party will bear its
1

1

own costs; (3) plaintiff will not pursue reimbursement of its defense fees and costs with respect to

2

the underlying state court action; (4) plaintiff will not file supplemental briefing on its remaining

3

claim; (5) the parties waive any rights of appeal with respect to the court’s January 30, 2019

4

order; and (6) judgment will be entered against all defendants and in favor of plaintiff. (Doc. No.

5

36 at 1–2.)

6

Pursuant to the parties’ stipulation, and good cause appearing, the court grants the parties’

7

stipulation and directs the Clerk of the Court to enter judgment in favor of plaintiff and close this

8

case.

9

IT IS SO ORDERED.

10
11

Dated:

February 7, 2019
UNITED STATES DISTRICT JUDGE

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2