Financial Pacific Insurance Company v. Mark Rite Lines Equipment Co., Inc. et al

Filing 31

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 7/27/17: The action is dismissed with prejudice as against Defendant Mark Rite Lines Equipment Co., Inc. Each party shall bear their own costs and attorneys' fees. The Court shall retain jurisdiction over this matter to enforce the terms of the June 30, 2017, Settlement Agreement. (Kaminski, H)

1
2
3
4
5

John R. Haluck (SBN 090956)
Eric C. Brumfield (SBN 306642)
KOELLER, NEBEKER, CARLSON & HALUCK, LLP
1478 Stone Point Drive, Suite 400
Roseville, CA 95661
Telephone: [phone]
Facsimile: [phone]
Attorneys for
MARK RITE LINES EQUIPMENT CO., INC.

6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

SACRAMENTO DIVISION

11
12

FINANCIAL PACIFIC INSURANCE
COMPANY, as subrogee of Sierra Traffic
Marking, Inc.,

13

Case No. 2:16-CV-02382-TLN-KJN
STIPULATION OF DISMISSAL AND
ORDER

Plaintiff,

14

v.

15

MARK RITE LINES EQUIPMENT CO.,
INC., AXEMAN-ANDERSON COMPANY,
and R.W. BECKETT, and DOES 1 to 50,

16
17

Action Filed: October 5, 2016
Trial: December 3, 2018

Defendants.

18
WHEREAS, Plaintiff FINANCIAL PACIFIC INSURANCE COMPANY filed its

19
20

Subrogation Complaint based on negligence and strict products liability on October 5, 2016;
WHEREAS, Defendant MARK RITE LINES EQUIPMENT CO., INC. filed its Answer

21
22

on November 17, 2016;
WHEREAS, Plaintiff and Defendant MARK RITE LINES EQUIPMENT CO., INC.

23
24

settled this matter on or about June 30, 2017;

25

///

26

///

27

///

28

///
1
STIPULATION OF DISMISSAL AND [PROPOSED] ORDER

1

THEREFORE, IT IS HEREBY STIPULATED by and between Plaintiff FINANCIAL

2

PACIFIC INSURANCE COMPANY and Defendant MARK RITE LINES EQUIPMENT CO.,

3

INC. through their designated counsel that the above-captioned action should be dismissed with

4

prejudice as to Defendant MARK RITE LINES EQUIPMENT CO., INC. pursuant to FRCP

5

41(a)(1).

6

expenses and costs.

7

The parties further stipulate that the parties shall bear their own attorney’s fees,

IT IS SO STIPULATED.

8
9
10

DATED:

WATKINS & LETOFSKY, LLP

11
Juan Salas
Attorneys for Plaintiff FINANCIAL PACIFIC
INSURANCE COMPANY

12
13
14
15

KOELLER, NEBEKER, CARLSON & HALUCK, LLP
DATED:

16
17
18

Eric C. Brumfield
Attorneys for Defendant MARK RITE LINES
EQUIPMENT CO., INC.

19
20
21
22
23
24
25
26
27
28
2
STIPULATION OF DISMISSAL AND [PROPOSED] ORDER

1
2
3
4

The Court having considered the stipulation of the parties, and good cause appearing
therefor, orders as follows:
1. The action is dismissed with prejudice as against Defendant Mark Rite Lines
Equipment Co., Inc. pursuant to FRCP 41(a)(1)(A).

5

2. Each party shall bear their own costs and attorneys’ fees.

6

3. The Court shall retain jurisdiction over this matter to enforce the terms of the

7

June 30, 2017, Settlement Agreement.

8

IT IS SO ORDERED.

9
10

DATED: July 27, 2017

Troy L. Nunley
United States District Judge

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3

STIPULATION OF DISMISSAL AND [PROPOSED] ORDER