Homestake Lead Company of Missouri v. National Union Fire Insurance Company of Pittsburg, PA et al

Filing 64

STIPULATION AND ORDER re 63 Stipulation filed by Homestake Lead Company of Missouri. Signed by Judge Edward M. Chen on 3/13/09. (bpf, COURT STAFF) (Filed on 3/13/2009)

Case 3:07-cv-02634-EMC

Document 63

Filed 03/09/2009

Page 1 of 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 action. 3. Homestake and Continental will bear their respective costs as against each other.
-1DM_US:21969223_1 STIPULATION RE DISMISSAL OF CLAIMS -- 07-CV-2634-EMC

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION HOMESTAKE LEAD COMPANY OF MISSOURI, Plaintiff, versus NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA and THE CONTINENTAL INSURANCE COMPANY, Defendants. No. C-07-2634-EMC STIPULATION RE DISMISSAL OF CLAIMS WITH PREJUDICE; [PROPOSED] ORDER THEREON Complaint Filed: Trial Date: Judge: May 17, 2007 None set Hon. Edward M. Chen

STIPULATION IT IS HEREBY STIPULATED AND AGREED AS FOLLOWS BY AND BETWEEN PLAINTIFF HOMESTAKE LEAD COMPANY OF MISSOURI AND DEFENDANT THE CONTINENTAL INSURANCE COMPANY 1. Plaintiff Homestake Lead Company of Missouri ("Homestake") hereby dismisses with prejudice its claims against defendant The Continental Insurance Company ("Continental") in this action. 2. Continental hereby dismisses with prejudice its claims against Homestake in this

Case 3:07-cv-02634-EMC

Document 63

Filed 03/09/2009

Page 2 of 2

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Dated: March 9, 2009

CARROLL, BURDICK & McDONOUGH LLP By /s/ Alan Jacobus ALAN JACOBUS Attorneys for Defendant THE CONTINENTAL INSURANCE COMPANY

Dated: March 9, 2009

HOWREY LLP By /s/ Daven G. Lowhurst DAVEN G. LOWHURST Attorneys for Plaintiff HOMESTAKE LEAD COMPANY OF MISSOURI

GENERAL ORDER 45 CERTIFICATION I, Daven G. Lowhurst, hereby attest pursuant to N.D. Cal. General Order No. 45, that the concurrence to the filing of this document has been obtained from each signatory hereto. Executed this 9th day of March, 2009, at San Francisco, California. By /s/ Daven G. Lowhurst Daven G. Lowhurst Attorneys for Plaintiff HOMESTAKE LEAD COMPANY OF MISSOURI ORDER

PURSUANT TO THE PARTIES' STIPULATION ABOVE, IT IS HEREBY ORDERED THAT: 1. Homestake's claims against Continental in this action are hereby dismissed with prejudice. 2. Continental's claims against Homestake in this action are hereby dismissed with prejudice. 3. Homestake and Continental shall each bear its respective costs as against the other
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March 13, 2009 DATED: __________________

-2DM_US:21969223_1

C F D I07-CV-2634-EMC TO STIPULATION RE DISMISSAL OF CLAIMS -- S T R I C
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