The Flintkote Company v. General Accident Assurance Company of Canada et al

Filing 520

STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE; Signed by Judge Marilyn Hall Patel on 8/27/2010. (awb, COURT STAFF) (Filed on 8/27/2010)

The Flintkote Company v. General Accident Assurance Company of Canada et al

Doc. 520

1 IRELL & MANELLA LLP Marc S. Maister (SBN 155980; [e-mail]) 2 Laura A. Seigle (SBN 171358; [e-mail]) Michael Fehner (SBN 207312; [e-mail]) 3 840 Newport Center Drive, Suite 400 Newport Beach, CA 92660-6324 4 Telephone: [phone] Facsimile: [phone] 5 Attorneys for Plaintiff 6 The Flintkote Company 7 ROBINSON & WOOD, INC. Archie S. Robinson (SBN 34789; [e-mail]) 8 Jesse F. Ruiz (SBN 77984; [e-mail]) Bonnie Margaret Ross (SBN 178591; [e-mail]) 9 Helen H. Chen (SBN 213150; [e-mail]) 227 North First Street 10 San Jose, CA 95113 Telephone: [phone] Facsimile: [phone] 12 Attorneys for Defendant Aviva Insurance Company of Canada 13 14 15 16 17 18 THE FLINTKOTE COMPANY, a Delaware corporation, 19 Plaintiff, 20 vs. 21 GENERAL ACCIDENT ASSURANCE 22 COMPANY OF CANADA, a Canada insurance company; GENERAL ACCIDENT 23 FIRE AND LIFE ASSURANCE CORPORATION LIMITED OF PERTH, 24 SCOTLAND, a Scotland insurance company; and DOES ONE through TEN, 25 Defendants. 26 27 28
REVISED STIPULATION OF DISMISSAL WITH PREJUDICE PURSUANT TO FED. R. CIV. PRO. 41(a)(1)(A)(ii) (Case No. C 04-01827 MHP)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. C 04-01827 MHP REVISED STIPULATION OF DISMISSAL WITH PREJUDICE [Proposed Order submitted separately]

Dockets.Justia.com

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Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), plaintiff the Flintkote

2 Company ("Flintkote") and defendant Aviva Insurance Company of Canada ("Aviva") hereby 3 stipulate and agree as follows: 4 5 Whereas Flintkote commenced the instant action against Aviva in the Superior Court of the

6 State of California in and for the City and County of San Francisco on April 14, 2004, which was 7 subsequently removed to this Court; 8 9 10 11 12 action; 13 14 Whereas the Settlement Agreement between the parties was presented for approval, under Whereas all the parties to this action have negotiated a resolution of the claims in this Whereas Aviva answered Flintkote's complaint on October 1, 2004;

15 the Federal Rules of Bankruptcy Procedure and the Bankruptcy Code, to the bankruptcy judge 16 presiding over Flintkote's bankruptcy proceedings in the U.S. Bankruptcy Court for the District of 17 Delaware (In re The Flintkote Company and Flintkote Mines Limited, Case No. 04-11300 (JKF)); 18 19 Whereas the Bankruptcy Court issued an order approving the Settlement Agreement on

20 July 14, 2010 (Case No. 04-11300 (JKF), Docket No. 5173); 21 22 Whereas the Bankruptcy Court order approving the Settlement Agreement was not

23 appealed within the applicable appeal period and has become a final order; 24 25 NOW THEREFORE, IT IS HEREBY STIPULATED, pursuant to Federal Rule of Civil

26 Procedure 41(a)(1)(A)(ii), by and among the parties hereto, through their respective counsel, that 27 this action shall be dismissed in its entirety with prejudice pursuant to the Settlement Agreement 28
REVISED STIPULATION OF DISMISSAL WITH PREJUDICE PURSUANT TO FED. R. CIV. PRO. 41(a)(1)(A)(ii) (Case No. C 04-01827 MHP)

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1 with leave to reinstate if the Settlement Agreement is voided for any reason, each party to bear its 2 own costs and expenses, including attorneys' fees. 3 4 IT IS SO STIPULATED. Counsel for both parties affix their electronic signatures below to this Stipulation of

5 Dismissal With Prejudice. 6 7 Dated: August 26, 2010 8 9 10 11 12 Dated: ________, 2010 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
REVISED STIPULATION OF DISMISSAL WITH PREJUDICE PURSUANT TO FED. R. CIV. PRO. 41(a)(1)(A)(ii) (Case No. C 04-01827 MHP)

Respectfully submitted, IRELL & MANELLA LLP

By: /s/ Marc S. Maister Marc S. Maister Attorneys for Plaintiff The Flintkote Company ROBINSON & WOOD, INC.

By: Jesse F. Ruiz Attorneys for Defendant Aviva Insurance Company of Canada

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1 2 3 4 5 6 7 8 9 10 11 THE FLINTKOTE COMPANY, a Delaware 12 corporation, ) ) ) 13 Plaintiff, ) ) 14 vs. ) ) 15 GENERAL ACCIDENT ASSURANCE ) COMPANY OF CANADA, a Canada ) 16 insurance company; GENERAL ACCIDENT ) FIRE AND LIFE ASSURANCE ) 17 CORPORATION LIMITED OF PERTH, ) SCOTLAND, a Scotland insurance company; ) 18 and DOES ONE through TEN, ) ) 19 ) Defendants. ) 20 21 22 23 24 25 26 27 28
[PROPOSED] REVISED ORDER OF DISMISSAL (Case No. C 04-01827 MHP)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION Case No. C 04-01827 MHP [PROPOSED] REVISED ORDER OF DISMISSAL WITH PREJUDICE [Joint Stipulation Submitted Separately]

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ORDER Pursuant to the parties' Joint Stipulation of Dismissal with Prejudice, the Court is informed

3 and aware that: 4 The Settlement Agreement between the parties was presented for approval, under the

5 Federal Rules of Bankruptcy Procedure and the Bankruptcy Code, to the bankruptcy judge 6 presiding over Flintkote's bankruptcy proceedings in the U.S. Bankruptcy Court for the District of 7 Delaware (In re The Flintkote Company and Flintkote Mines Limited, Case No. 04-11300 (JKF)); 8 The Bankruptcy Court issued an order approving the Settlement Agreement on July 14,

9 2010 (Case No. 04-11300 (JKF), Docket No. 5173); and 10 The Bankruptcy Court order approving the Settlement Agreement was not appealed within

11 the applicable appeal period and it has become a final order; 12 Thus, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), this action shall be

13 dismissed in its entirety with prejudice pursuant to the Settlement Agreement with leave to 14 reinstate if the Settlement Agreement is voided for any reason, each party to bear its own costs and 15 expenses, including attorneys' fees. 16 17 8/27 18 Dated: _____________, 2010 19 20 IT IS SO ORDERED.

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___________________________________ Judge Marilyn Hall RDERED O Patel UnitedIT IS SO States District Judge

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