State National Ins. Co. v. Collins Pine Company et al

Filing 77

STIPULATION and ORDER signed by Judge William B. Shubb on 10/24/11: Praetorian Insurance Company's counter/cross complaint against defendants Manuel & Gloria Mendoza only is hereby dismissed with prejudice with each side bearing its own fees and costs.(Kaminski, H)

1
2
3
4
5

DIEPENBROCK & COTTER, LLP
JOHN P. COTTER, State Bar No. 158783
1545 River Park Drive, Suite 201
Sacramento, California 95815
Telephone: [phone]
Telecopier: [phone]
Attorneys for Defendant and Counter/Cross Claimant
PRAETORIAN INSURANCE COMPANY

6

UNITED STATES DISTRICT COURT

7

EASTERN DISTRICT OF CALIFORNIA

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25

)
)
)
)
Plaintiff,
)
)
vs.
)
)
COLLINS PINE COMPANY, D&H
)
)
TRANSPORTATION, INC., MANUAL
)
MENDOZA, GLORIA MENDOZA,
PRAETORIAN INSURANCE COMPANY )
)
and DOES 1 to 50,
)
)
Defendants.
)
_____________________________________ )
)
PRAETORIAN INSURANCE COMPANY, )
)
Counter and Cross Claimant, )
)
)
vs.
)
)
STATE NATIONAL INSURANCE
)
COMPANY, COLLINS PINE COMPANY, )
)
D&H TRANSPORTATION, INC., D&H
TRANSPORT, INC., MANUAL MENDOZA, )
)
GLORIA MENDOZA and DOES 1 to 50,
)
)
Counter and Cross Defendants. )
)

CASE NO. 2:10-CV-03093-WBS-KJN

STATE NATIONAL INSURANCE
COMPANY, a Texas corporation,

STIPULATION FOR PARTIAL
DISMISSAL OF PRAETORIAN
INSURANCE COMPANY’S
COUNTER/CROSS COMPLAINT;
[PROPOSED] ORDER RE: PARTIAL
DISMISSAL OF PRAETORIAN
INSURANCE COMPANY’S
COUNTER/CROSS COMPLAINT

26

STIPULATION OF PARTIAL
DISMISSAL; [PROPOSED] ORDER

2:10-CV-03093-GEB-KJN
1

1

It is hereby stipulated between defendant and counter/cross-complainant Praetorian

2

Insurance Company (hereinafter “Praetorian”) and defendants Manuel and Gloria Mendoza

3

(collectively hereinafter “Mendoza”) that Praetorian’s counter/cross complaint against Mendoza

4

only is hereby dismissed with prejudice pursuant to Rule 41(a)(1) of the Federal Rules of Civil

5

Procedure. Each party shall bear its own attorney’s fees and costs.

6

DATED: October 21, 2011

DIEPENBROCK & COTTER LLP

7

/s/ John P. Cotter
By:_______________________________
JOHN P. COTTER
Attorneys for Defendant and
Counter/Cross Claimant
PRAETORIAN INSURANCE
COMPANY

8
9
10
11
12

DATED: October 21, 2011

HANSEN, KOHLS, JONES, SOMMER &
JACOB LLP

13
14

/s/ Michael W. Jones
By:________________________________
MICHAEL W. JONES
Attorneys for Defendants
MANUEL & GLORIA MENDOZA

15
16
17
18

ORDER

19

Based on the stipulation of the parties and good cause appearing, it is hereby ORDERED

20
21

that Praetorian Insurance Company’s counter/cross complaint against defendants Manuel &

22

Gloria Mendoza only is hereby dismissed with prejudice with each side bearing its own fees and

23

costs.
Date:

October 24, 2011

24
25
26

STIPULATION OF PARTIAL
DISMISSAL; [PROPOSED] ORDER

2:10-CV-03093-GEB-KJN
2