ACE Capital Ltd., et al v. ePlanning, Inc. et al

Filing 95

STIPULATION and ORDER signed by Judge John A. Mendez on 10/3/2012 ORDERING defendant John Brooks is hereby DISMISSED with prejudice from this interpleader action, with each party to bear their own attorneys' fees and costs in connection with and arising out of the interpleader action and the stipulation. (Zignago, K.)

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SEDGWICK LLP
RALPH A. GUIRGIS Bar No. 143262
MICHAEL L. FOX Bar No. 173355
ROBERT S. GEBHARD Bar No. 158125
JAMISON R. NARBAITZ Bar No. 219339
333 Bush Street, 30th Floor
San Francisco, California 94104-2834
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiffs
ACE CAPITAL LIMITED,
ACE CAPITAL IV LIMITED,
ACE CAPITAL V LIMITED
and BRIT UW LIMITED

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA – SACRAMENTO DIVISION
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ACE CAPITAL LIMITED, et al.,

CASE NO. 2:12-cv-1511-JAM-EFB

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Plaintiffs,
v.

STIPULATION AND ORDER RE:
VOLUNTARY DISMISSAL OF
DEFENDANT JOHN BROOKS
[FED.R.CIV.P. 41(a)(2)]

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ePLANNING, INC., et al.,
Defendant-Claimants.

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Plaintiffs ACE CAPITAL LIMITED, ACE CAPITAL IV LIMITED, ACE CAPITAL V

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LIMITED, and BRIT UW LIMITED (collectively referred to as “Underwriters”), by and through

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their counsel of record, Jamison R. Narbaitz, Esq. of Sedgwick LLP, and Defendant JOHN

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BROOKS (“Brooks”), by and through his specially-appearing counsel, William P. Torngren, Esq.,

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hereby stipulate, subject to the Court’s approval, to the voluntary dismissal with prejudice of

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Brooks from this interpleader action. Following an opportunity to consult with counsel of his
SF/3017147v1
-1Case No. 2:12-cv-1511-JAM-EFB
STIPULATION AND [PROPOSED] ORDER RE: VOLUNTARY DISMISSAL OF DEFENDANT JOHN BROOKS

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choosing, Brooks has advised that he has previously settled his claims against Underwriters’

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insured(s) to his satisfaction and therefore believes that he is not entitled to recover any portion of

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the interplead funds. Accordingly, Brooks wishes to be dismissed from this action.

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Underwriters and Brooks agree that each party will bear their own attorneys’ fees and
costs in connection with and arising out of the interpleader action and this stipulation.

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IT IS SO STIPULATED.
DATED: October 2, 2012

SEDGWICK LLP

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By: /s/ Jamison R. Narbaitz
Ralph A. Guirgis
Michael L. Fox
Jamison R. Narbaitz
Attorneys for Plaintiffs and Counter-Defendants
ACE CAPITAL LIMITED, ACE CAPITAL IV
LIMITED, ACE CAPITAL V LIMITED and
BRIT UW LIMITED

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SF/3017147v1
-2Case No. 2:12-cv-1511-JAM-EFB
STIPULATION AND [PROPOSED] ORDER RE: VOLUNTARY DISMISSAL OF DEFENDANT JOHN BROOKS

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DATED: October 2, 2012

LAW OFFICE OF WILLIAM P. TORNGREN

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By: /s/ William P. Torngren
William P. Torngren, Esq.
7485 Rush River Dr., Suite 710-313
Sacramento, CA 95831
Tel.: [phone]
Fax: [phone]
Email: [e-mail]
Attorney for Defendant JOHN BROOKS

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ORDER

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Pursuant to stipulation, defendant JOHN BROOKS is hereby dismissed with prejudice

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from this interpleader action, with each party to bear their own attorneys’ fees and costs in

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connection with and arising out of the interpleader action and the stipulation.

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IT IS SO ORDERED.

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DATED: 10/3/2012
/s/ John A. Mendez________________________
JOHN A. MENDEZ
UNITED STATES DISTRICT COURT JUDGE

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SF/3017147v1
-3Case No. 2:12-cv-1511-JAM-EFB
STIPULATION AND [PROPOSED] ORDER RE: VOLUNTARY DISMISSAL OF DEFENDANT JOHN BROOKS

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Certification Pursuant to Rule 131(e)
I, Jamison R. Narbaitz, certify that concurrence in the filing of the foregoing Stipulation
has been obtained from each signatory listed.

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/s/ Jamison R. Narbaitz
Jamison R. Narbaitz

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SF/3017147v1
-4Case No. 2:12-cv-1511-JAM-EFB
STIPULATION AND [PROPOSED] ORDER RE: VOLUNTARY DISMISSAL OF DEFENDANT JOHN BROOKS