United Financial Casualty Company v. Black Diamond Asphalt, Inc. et al

Filing 24

ORDER signed by Chief Judge Morrison C. England, Jr., on 4/5/16, ORDERING that the court dismisses UFCC's complaint as against defendants Polar Corporation and Polar Tank Trailer LLC, without prejudice. UFCC's complaint remains pending against Defendant Black Diamond Asphalt, Inc.. (Kastilahn, A)

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Patrick M. Howe (SBN 154669)
[e-mail]
402 W. Broadway, Suite 1025
San Diego, CA 92101
[phone] Phone
[phone] Fax
Attorney for plaintiff/cross-defendant
United Financial Casualty Company

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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United Financial Casualty Company;

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Plaintiff,
v.
Black Diamond Asphalt, Inc.; Polar
Corporation; Polar Tank Trailer
LLC; The Reed Leasing Group
LLC; Raymond Myers; Desiree
Myers; and Kinsale Insurance
Company;

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Stipulation and Order re Dismissal
of Defendants Polar Corporation
and Polar Tank Trailer LLC

Defendants.
Black Diamond Asphalt, Inc.;
Cross-Claimant,

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Case No. 2:15-cv-02669-MCE-EFB

v.
United Financial Casualty Company;
and Kinsale Insurance Company;
Cross-Defendants.

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Stipulation and Order re Dismissal

Stipulation

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Plaintiff United Financial Casualty Company (“UFCC”) and defendants
Polar Corporation and Polar Tank Trailer LLC stipulate to the following:
1. UFCC dismisses the complaint, without prejudice, against defendants
Polar Corporation and Polar Tank Trailer LLC; and
2. UFCC and defendants Polar Corporation and Polar Tank Trailer LLC
will each bear its own attorney’s fees and costs.

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Request for Order of Dismissal

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Accordingly, UFCC and defendants Polar Corporation and Polar Tank

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Trailer LLC request an order dismissing the complaint, without prejudice,

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against defendants Polar Corporation and Polar Tank Trailer LLC.

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April 5, 2016

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Respectfully submitted,
By: /s/ Patrick M. Howe
Patrick M. Howe
Attorney for plaintiff/cross-defendant
United Financial Casualty Company
[e-mail]

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April 5, 2016

Lewis Brisbois Bisgaard & Smith
LLP
By: /s/ William F. Horsey
William F. Horsey
Attorneys for defendants Polar
Corporation and Polar Tank Trailer
LLC
[e-mail]

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(Signature authorized on 3/31/16)

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Stipulation and Order re Dismissal – 2

Order

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Based on the stipulation of the parties, and good cause appearing, the

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court dismisses UFCC’s complaint as against defendants Polar Corporation

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and Polar Tank Trailer LLC, without prejudice. UFCC’s complaint remains

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pending against Defendant Black Diamond Asphalt, Inc.

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IT IS SO ORDERED.
Dated: April 5, 2016

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Stipulation and Order re Dismissal – 3