Gcube Insurance Services, Inc. v. Lindsay Corporation

Filing 78

ORDER signed by Senior Judge William B. Shubb on 5/2/2014 re 76 Notice of Ratification: By virtue of the Ratification submitted by GCube Insurance which contains the ratification of this action by GCube Underwriting, IT IS ORDERED that the con dition to the Court's March 25 Order denying Lindsay's Motion for Summary Judgment has been met because GCube Underwriting has ratified this action pursuant to Federal Rule of Civil Procedure 17(a)(3). IT IS FURTHER ORDERED that GCube Insurance may continue its prosecution of this action. (Kirksey Smith, K)

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EDWARD C. DUCKERS (SB #242113)
JONATHAN A. MILES (SB#268034)
CARISSA M. BEECHAM (SB# 254625)
STOEL RIVES LLP
500 Capitol Mall, Suite 1600
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiff
GCUBE INSURANCE SERVICES, INC.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GCUBE INSURANCE SERVICES, INC., a
California corporation,

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Plaintiff,
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v.

Case No. 2:12-01163 WBS
ORDER FINDING RATIFICATION BY
GCUBE UNDERWRITING LTD. OF
ACTION BROUGHT BY GCUBE
INSURANCE SERVICES, INC.

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LINDSAY CORPORATION, a Delaware
corporation, and DOES 1 through 10, inclusive,

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Defendants.
LINDSAY CORPORATION,

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Third-Party Plaintiff,
v.
AREVA SOLAR, INC.; AUSRA CA I, LLC
now known as AREVA SOLAR CA I, LLC;
SPECIAL SERVICES CONTRACTORS,
INC.; LLOYD W. AUBRY CO., INC.;
MATERIAL INTEGRITY SOLUTIONS,
INC.; and ZOES 1 through 50, inclusive,

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Third-Party Defendants.
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S TOE L R IVES LLP
ATTO RNEY S AT LAW
SACRA M E NT O

2:12-cv-01163-WBS-CD
[PROPOSED] ORDER FINDING RATIFICATION BY GCUBE UNDERWRITING LTD OF ACTION
BROUGHT BY GCUBE INSURANCE SERVICES, INC.
75969310.1 0036090-00007

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On March 25, 2014, this Court issued an Order in response to Defendant Lindsay
Corporation’s Motion for Summary Judgment. The Order denied Lindsay’s motion on the
condition that by April 14, 2014, either GCube Underwriting Limited or the Lloyd’s Syndicates
must join, ratify, or be substituted into this action. On April 14, 2014, GCube Insurance Services
submitted a Ratification By GCube Underwriting Limited (“Ratification”) of this action brought
by GCube Insurance against Lindsay Corporation. In this Ratification, GCube Underwriting
authorized the continuation of this action by GCube Insurance and agreed to be bound by the
result of the lawsuit brought by GCube Insurance.
By virtue of the Ratification submitted by GCube Insurance which contains the
ratification of this action by GCube Underwriting, IT IS ORDERED that the condition to the
Court’s March 25 Order denying Lindsay’s Motion for Summary Judgment has been met because
GCube Underwriting has ratified this action pursuant to Federal Rule of Civil Procedure 17(a)(3).
IT IS FURTHER ORDERED that GCube Insurance may continue its prosecution of this action.
IT IS SO ORDERED.
Dated: May 2, 2014

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S TOE L R IVES LLP
ATTO RNEY S AT LAW
SAN FRA NCI S CO

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2:12-cv-01163-WBS-CD
[PROPOSED] ORDER FINDING RATIFICATION BY GCUBE UNDERWRITING LTD OF ACTION
BROUGHT BY GCUBE INSURANCE SERVICES, INC.
75969310.1 0036090-00007