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

Filing 31

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr. on 8/19/2016 ORDERING that UFCC's 1 complaint is DISMISSED, with prejudice, as against Black Diamond, only. Black Diamond's 8 cross-claim is DISMISSED, with prejudice, as against UFCC, only. (Zignago, K.)

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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 Between United
Financial Casualty Company
and Black Diamond Asphalt,
Inc. to Dismiss Portions of
Complaint and of CrossClaim; Order Thereon

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

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

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

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Stipulation to Dismiss Portions of Complaint and Cross-Claim;
Order Thereon

Stipulation

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Plaintiff /cross-defendant United Financial Casualty Company (“UFCC”)

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and defendant/cross-claimant Black Diamond Asphalt, Inc. (“Black

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Diamond”) stipulate to the dismissal, with prejudice, of the following:

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1. UFCC’s complaint (Dkt. 1) as against Black Diamond, only; and

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2. Black Diamond’s cross-claim (Dkt. 8) as against UFCC, only.

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August 19, 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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August 19, 2016

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Anderson & Poole, P.C.

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By: /s/ Deborah L. Goodman
Deborah L. Goodman
Attorneys for defendant/crossclaimant Black Diamond
Asphalt, Inc.
[e-mail]

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(Signature authorized on 8/10/16)

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Order

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Based on the stipulation of the parties, and good cause appearing, the
court orders as follows:
1. UFCC’s complaint (Dkt. 1) is dismissed, with prejudice, as against
Black Diamond, only; and

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Stipulation to Dismiss Portions of Complaint and Cross-Claim; Order
Thereon – 2

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2. Black Diamond’s cross-claim (Dkt. 8) is dismissed, with prejudice, as
against UFCC, only.

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IT IS SO ORDERED.
Dated: August 19, 2016

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Stipulation to Dismiss Portions of Complaint and Cross-Claim; Order
Thereon – 3