American Causalty Company Of Reading, Pennsylvania et al v. Western Environmental Consultants, Inc. et al.,

Filing 140

STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 2/9/12 DISMISSING without prejudice 87 Counterclaim and DISMISSING without prejudice 118 Crossclaim. Lexingtons counterclaim against counter-defendants American Casualty Company of Reading, Pennsylvania and National Fire Insurance Company of Hartford remain and are not dismissed by way of this stipulation.(Meuleman, A)

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DAVID B. GOODWIN (Bar No. 104469)
ESTA L. BRAND (Bar No. 83329)
COVINGTON & BURLING LLP
One Front Street, 35th Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]

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Attorneys for Defendant
Western Environmental Consultants, Inc.

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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AMERICAN CASUALTY COMPANY
OF READING, PENNSYLVANIA, ET
AL.,

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Plaintiffs,

Civil Case No. 2:10-CV-02806-GEB-EFB
STIPULATION AND [PROPOSED]
ORDER OF DISMISSAL

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v.
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WESTERN ENVIRONMENTAL
CONSULTANTS, INC., et al.

Judge: Hon. Garland E. Burrell, Jr.
Courtroom: 10

Defendants.

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IT IS HEREBY STIPULATED by and between the parties to this action through
their designated counsel that:
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Western Environmental Consultants, Inc.’s counterclaim against counter-

defendants American Casualty Company of Reading, Pennsylvania and National Fire
Insurance Company of Hartford is dismissed without prejudice under Federal Rules
41(a)(1)(A)(ii) and 41(c).

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STIPULATION AND [PROPOSED] ORDER OF DISMISSAL

Case No. 2:10-CV-02806-LKK-GGH

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2.

Lexington Insurance Company’s cross claim against cross-defendants

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Pacific Gas and Electric Company and Western Environmental Consultants, Inc. is

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dismissed without prejudice pursuant to Federal Rules 41(a)(1)(A)(ii) and 41(c).

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Lexington’s counterclaim against counter-defendants American Casualty Company of

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Reading, Pennsylvania and National Fire Insurance Company of Hartford remain and are

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not dismissed by way of this stipulation.

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3.

Each party shall bear its own attorneys’ fees and costs.

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Respectfully submitted,
DATED: January 30, 2012

COVINGTON & BURLING LLP

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/s/ Esta L. Brand
DAVID B. GOODWIN
ESTA L. BRAND
Attorneys for Cross-Defendant/CounterClaimant
WESTERN ENVIRONMENTAL
CONSULTANTS, INC.

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DATED: January 30, 2012

WOOLLS & PEER
A Professional Corporation

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/s/ Caitlin R. Zapf
JOHN E. PEER
JEFFREY A. DOLLINGER,
CAITLIN R. ZAPF,
Attorneys for Counter-Defendants AMERICAN
CASUALTY COMPANY OF READING,
PENNSYLVANIA, and NATIONAL FIRE
INSURANCE COMPANY OF HARTFORD,
successor by merger to Transcontinental
Insurance Company

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DATED: January 30, 2012

MCCORMICK, BARSTOW, SHEPPARD,
WAYTE & CARRUTH LLP

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/s/ Michael J. Schmidt
JAMES P. WAGONER
MICHAEL J. SCHMIDT
Attorneys for Counter-Claimant /CrossClaimant/Cross-Defendant
LEXINGTON INSURANCE COMPANY
-2STIPULATION AND [PROPOSED] ORDER OF DISMISSAL

Case No. 2:10-CV-02806-LKK-GGH

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DATED: January 30, 2012

JAMPOL ZIMET LLP

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/s/ Marcus Dong
ALAN R. JAMPOL
MARCUS DONG
Attorneys for Defendant/Counter-Claimant
UNDERWRITERS AT LLOYD’S LONDON

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DATED: January 30, 2012

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/s/ Stephen M. Knaster
RICHARD J. DENATALE
STEPHEN M. KNASTER
ALEXANDRA L. BRANDON
Attorneys for Cross-Defendant
PACIFIC GAS AND ELECTRIC COMPANY

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ORRICK, HERRINGTON & SUTCLIFFE LLP

IT IS SO ORDERED.

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Date: 2/9/2012

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_________________________
GARLAND E. BURRELL, JR.
United States District Judge

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DEAC_Signature-END:

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61khh4bb

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-3STIPULATION AND [PROPOSED] ORDER OF DISMISSAL

Case No. 2:10-CV-02806-LKK-GGH