Rigsby et al v. Intercare Specialty Risk Insurance Services, Inc. , et al.,

Filing 165

ORDER OF DISMISSAL signed by District Judge Morrison C. England, Jr., on 6/17/19. CASE CLOSED(Kastilahn, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA – SACRAMENTO DIVISION

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KAREN RIGSBY, Trustee of the
MARSH REVOCABLE TRUST OF
2003, et al.,
Plaintiffs,

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vs.
INTERCARE SPECIALITY RISK
INSURANCE SERVICES, INC, et al.,
Defendants.
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Case No. 2:17-cv-01347-MCE-EFB
ORDER OF DISMISSAL

In accordance with the parties’ stipulation and good cause appearing, IT IS
HEREBY ORDERED pursuant to Federal Rule of Civil Procedure 41(a)(2) that this case
be dismissed, without prejudice. The Court shall, however, retain jurisdiction to enforce
the Guaranty of Defendant herein, including reservation of jurisdiction to enter Judgment
against Defendant Kevin Hamm in the event of default under the Guaranty, until
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ORDER OF DISMISSAL

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performance in full of the terms of the Promissory Note.

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IT IS FURTHER HEREBY ORDERED that in the event of default under the

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Guaranty, Plaintiffs may bring an ex parte application to enforce the settlement and for

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entry of Judgment against Defendant Kevin Hamm, which the Court shall hear pursuant

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to its reservation of jurisdiction herein. Plaintiffs may seek entry of the Stipulation for

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Entry of Judgment for Money attached as Exhibit “C” in connection with the ex parte

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application, the form of which is hereby approved by the Court.

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Subject to the foregoing, inasmuch as the case has now been concluded in its
entirety, the Clerk of Court is directed to close the file.
IT IS SO ORDERED.
Dated: June 17, 2019

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ORDER OF DISMISSAL