RLI Insurance Company v. City of Visalia, California

Filing 46

STIPULATION and ORDER Entering Judgment under FED. R. CIV. P. 54(b) and Directing Clerk of Court to Terminate RLI as a Party signed by Chief Judge Lawrence J. O'Neill on 04/12/2018. (Flores, E)

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1 2 3 4 5 6 Leonard C. Herr, # 081896 Ron Statler, #234177 HERR PEDERSEN & BERGLUND LLP Attorneys at Law 100 Willow Plaza, Suite 300 Visalia, California 93291 Telephone: (559) 636-0200 Attorneys for Defendant/Counter-Claimant, CITY OF VISALIA 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION 10 11 RLI INSURANCE COMPANY, 12 Plaintiff, 13 14 v. CITY OF VISALIA, 15 16 17 Defendant. 20 21 STIPULATION AND ORDER ENTERING JUDGMENT UNDER FED. R. CIV. P. 54(b) AND DIRECTING CLERK OF COURT TO TERMINATE RLI AS A PARTY CITY OF VISALIA, Counter-Claimant, 18 19 Case No.: 1:17-CV-01205-LJO-EPG v. RLI INSURANCE COMPANY; ZURICH AMERICAN INSURANCE COMPANY; and THE RIVERSTONE GROUP, Counter-Defendants. 22 23 24 This Stipulation and proposed Order is made by and between the RLI 25 INSURANCE COMPANY, CITY OF VISALIA, ZURICH AMERICAN INSURANCE 26 COMPANY and THE RIVERSTONE GROUP (collectively referred to herein as “the 27 Parties.”) 28 /// 1 I. 2 RECITALS 3 WHEREAS, on March 19, 2018 the Court entered its Memorandum and 4 Decision and Order Granting the Motion for Judgment (Doc. 43) on the Pleadings 5 filed by Plaintiff and Counter-Defendant RLI; and 6 WHEREAS, the March 19 order appears to end the matter for Plaintiff RLI 7 on all issues even as the case proceeds against other defendants based on other 8 contracts separate from RLI’s, but RLI remains a party under FRCP 54(b); and 9 10 WHEREAS, the parties agree there is no just reason to delay entry of judgment against RLI as described by FRCP 54(b); and 11 12 WHEREAS, the ends of justice and judicial economy are best served by granting judgment entered under Rule 54(b) at this time; and 13 14 WHEREAS, the parties recognize final judgment under FRCP 54(b) is at the trial court’s sound discretion; and 15 WHEREAS, legal counsel for all parties agree to entry of judgment. 16 17 STIPULATION 18 IT IS HEREBY STIPULATED by and between the parties to this through their 19 attorneys of record that all parties agree to entry of judgment under FRCP Rule 20 54(b) as to the Court’s Memorandum and Decision and Order Granting Plaintiff’s 21 Motion for Judgment on the Pleadings. 22 23 Dated: April 9, 2018 BERKES CRANE ROBINSON & SEAL LLP 24 25 By_____/s/ Steven M. Crane_______________ STEVEN M. CRANE Attorney for Plaintiff/Counter-Defendant RLI INSURANCE COMPANY 26 27 28 /// 1 Dated: April 9, 2018 HERR PEDERSEN & BERGLUND LLP 2 By_____/s/ Leonard C. Herr_____________ LEONARD C. HERR Attorney for Defendant/ Counter-Claimant, CITY OF VISALIA 3 4 5 6 7 Dated: April 9, 2018 SINNOTT, PUEBLA, CAMPAGNE & CURET, APLC 8 By_____/s/Randy M. Marmor____________ RANDY M. MARMOR Attorney for Counter-Defendant, ZURICH AMERICAN INSURANCE COMPANY 9 10 11 12 Dated: April 9, 2018 GORDON REES SCULLY MANSUKHANI, LLP 13 14 15 16 By_____/s/Christopher R. Wagner________ CHRISTOPHER R. WAGNER Attorney for Counter-Defendant, THE RIVERSTONE GROUP 17 18 ORDER & JUDGMENT 19 The record in this case reveals that the March 19, 2018 memorandum 20 decision and order, ECF No. 43, granting RLI’s motion for judgment on the 21 pleadings, ECF No. 12, and dismissing the City of Visalia’s counterclaim for 22 declaratory relief against RLI, see ECF Nos. 9 & 43 at 26, disposed of all claims 23 brought by or against RLI and involved issues that were distinct from any issues 24 remaining in the case. Therefore, allowing entry of separate judgment pursuant to 25 Fed. R. Civ. P. 54(b) in favor of RLI and against the City of Visalia on all claims 26 between them in this case would not be adverse to the interests of judicial 27 economy, as any immediate appeal of the issues decided in the March 19, 2018 28 1 Order will not risk any appellate court having to decide the same issues more than 2 once. 3 4 5 6 7 Accordingly, based on the above joint stipulation of the Parties, and good cause appearing therefor, IT IS HEREBY ORDERED that the judgment under Rule 54(b) is entered as to the order granting Plaintiff’s Motion for Judgment on the Pleadings. The Clerk of Court is therefore directed terminate only RLI as a party. The 8 case shall remain OPEN. 9 IT IS SO ORDERED. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: April 12, 2018 /s/ Lawrence J. O’Neill _____ UNITED STATES CHIEF DISTRICT JUDGE

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