North American Specialty Insurance Company v. Campbell et al

Filing 62

STIPULATED ORDER signed by Judge Garland E. Burrell, Jr on 8/19/10 ORDERING the Complaint against Deborah Sauers is DISMISSED pursuant to Rule 41(a); IT IS ALSO ORDERED that the registery funds deposited by North American Specialty Insurance Company in the amount of $8,989.50 (rcpt CAE200018825) be released to North American Specialty Insurance Company. (Carlos, K)

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North American Specialty Insurance Company v. Campbell et al Doc. 62 1 2 3 4 5 6 7 8 Ropers Majeski Kohn & Bentley 9 10 A Professional Corporation Redwood City ENRIQUE MARINEZ (SBN 160956) ROPERS, MAJESKI, KOHN & BENTLEY 1001 Marshall Street, Suite 300 Redwood City, CA 94063-2052 Telephone: (650) 364-8200 Facsimile: (650) 780-1701 Attorneys for Plaintiff NORTH AMERICAN SPECIALTY INSURANCE COMPANY PATRICK H. LEPLEY LEPLEY LAW FIRM 4122 Factoria Boulevard SE, Suite 400 Bellevue, WA 98006 Attorneys for Defendant DEBORAH SAUERS 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION NORTH AMERICAN SPECIALTY INSURANCE COMPANY, Plaintiff, CASE NO. 2:09-CV-02061-GEB-EFB REQUEST FOR STIPULATED DISMISSAL BY PLAINTIFF AND [PROPOSED] ORDER THEREON [FRCP 41(a)(1)(A)(ii)] JOSEPH C. CAMPBELL, individually and also known as JOE CAMPBELL, and JOSEPH CHARLES CAMPBELL, and d/b/a JC SHOW HORSES; JC SHOW HORSES, LLC; and DEBORAH SAUERS, individually. Defendants. Plaintiff NORTH AMERICAN SPECIALTY INSURANCE COMPANY and Defendant DEBORAH SAUERS hereby request that the first cause of action (Rescission) in the above-entitled action be dismissed, with prejudice, pursuant to Rule 41(a)(1)(A)(ii). Plaintiff NORTH AMERICAN SPECIALTY INSURANCE COMPANY and Defendant DEBORAH SAUERS hereby further requests that the Complaint against Deborah Sauers be dismissed, with RC1/5597736.1/TC3 -1- REQUEST FOR STIPULATED DISMISSAL BY PLAINTIFF AND [PROPOSED] ORDER THEREON Dockets.Justia.com 1 2 3 4 5 6 7 8 Ropers Majeski Kohn & Bentley 9 10 A Professional Corporation Redwood City prejudice, pursuant to Rule 41(a)(1)(A)(ii), with each party to bear their own fees and costs of suit. Defendants JOSEPH CAMPBELL and JC SHOW HORSES, LLC have failed to appear in this action and entry of default judgment against JOSEPH CAMPBELL and JC SHOW HORSES, LLC was entered by this Court on August 5, 2010, Document No. 59. Plaintiff NORTH AMERICAN SPECIALTY INSURANCE COMPANY and Defendant DEBORAH SAUERS hereby further request that the registry funds deposited by NORTH AMERICAN SPECIALTY INSURANCE COMPANY on July 31, 2009, in the amount of $8,989.50 (Receipt No. CAE200018825) be released to NORTH AMERICAN SPECIALTY INSURANCE COMPANY. IT IS SO STIPULATED. Dated: June _____, 2010 STIPULATED AS TO FORM AND ENTRY ROPERS, MAJESKI, KOHN & BENTLEY By: ENRIQUE MARINEZ Attorneys for Plaintiff NORTH AMERICAN SPECIALTY INSURANCE COMPANY Dated: June _____, 2010 STIPULATED AS TO FORM AND ENTRY LEPLEY LAW FIRM By: PATRICK H. LEPLEY Attorneys for Defendant DEBORAH SAUERS ORDER IT IS SO ORDERED. Dated: 8/19/10 GARLAND E. BURRELL, JR. United States District Judge RC1/5597736.1/TC3 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- REQUEST FOR STIPULATED DISMISSAL BY PLAINTIFF AND [PROPOSED] ORDER THEREON

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