Safeco Insurance Company of America v. MTD Products Co. et al

Filing 23

ORDER signed by Senior Judge William B. Shubb on 12/19/2016 ORDERING that Defendant Kohler Co. is DISMISSED without prejudice from this action. (Reader, L)

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1 2 3 4 5 6 SPINELLI, DONALD & NOTT A Professional Corporation Domenic D. Spinelli (SBN: 131192) Domenics@sdnlaw.com 815 S Street, Second Floor Sacramento, CA 95811 Telephone: (916) 448-7888 Facsimile: (916) 448-6888 Attorneys for Defendant Kohler Corporation 7 IN THE UNITED STATES DISTRICT COURT 8 IN AND FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 SAFECO INSURANCE COMPANY OF AMERICA, Case No.: 2:15-cv-02128-WBS-KJN 11 Plaintiff, 12 13 14 15 16 17 STIPULATION AND PROPOSED ORDER OF DISMISSAL Complaint Filed: August 30, 2016 vs. MTD PRODUCTS COMPANY dba CUB CADET, an Ohio Corporation, KOHLER CO., a Wisconsin Corporation, and DOES 1 through 50, inclusive, Defendants. __________________________ _____/ 18 19 20 21 22 TO THE COURT, ALL PARTIES HEREIN AND THEIR COUNSEL OF RECORD: 23 STIPULATION 24 25 IT IS HEREBY STIPULATED AND AGREED by the undersigned parties and attorneys for the parties as follows: 26 WHEREAS, pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, the above- 27 referenced case should be dismissed without prejudice against Defendant Kohler Corporation. 28 SPINELLI, DONALD & NOTT STIPULATION AND PROPOSED ORDER OF DISMISSAL 1 1 2 IT IS SO STIPULATED. Date: December 19, 2016 3 By: __/S/ Daniel T. Schmaeling___________ DANIEL T. SCHMAELING Attorney for Plaintiff Safeco Insurance Company of America 4 5 6 7 8 Dated: December 19, 2016 SPINELLI, DONALD & NOTT 9 By: 10 11 /S/ Domenic D. Spinelli DOMENIC D. SPINELLI Attorney for Defendant Kohler Corporation 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SPINELLI, DONALD & NOTT STIPULATION AND PROPOSED ORDER OF DISMISSAL 2 1 ORDER 2 The parties having so stipulated and agreed, it is hereby SO ORDERED. The above3 referenced case is hereby DISMISSED without prejudice as to Defendant Kohler Corporation. The 4 Clerk is directed to send copies of this Order to all counsel and parties of record. 5 6 Dated: December 19, 2016 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SPINELLI, DONALD & NOTT STIPULATION AND PROPOSED ORDER OF DISMISSAL 3

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