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

Filing 67

ORDER re 66 Stipulation filed by Homestake Lead Company of Missouri. Signed by Judge Edward M. Chen on 3/23/09. (bpf, COURT STAFF) (Filed on 3/23/2009)

Case 3:07-cv-02634-EMC

Document 66

Filed 03/23/2009

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DM_US:21969223_2 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

Pursuant to Federal Rules of Civil Procedure, Rule 41(a)(2), Plaintiff HOMESTAKE LEAD COMPANY OF MISSOURI and Defendant NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA, hereby stipulate, with a request for Court approval, as follows: Plaintiff HOMESTAKE LEAD COMPANY OF MISSOURI hereby dismisses, with prejudice, its complaint against Defendant NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA, each party to bear its own costs and attorney's fees herein.

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Case 3:07-cv-02634-EMC

Document 66

Filed 03/23/2009

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Dated: March 9, 2009

LEWIS BRISBOIS BISGAARD & SMITH LLP By /s/ Jamie L. Vels JAMIE L. VELS RENE I. GAMBOA Attorneys for Defendant NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA,

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 12th 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 Plaintiff HOMESTAKE LEAD COMPANY OF MISSOURI and Defendant NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA, having stipulated to the dismissal of the complaint herein as to that Defendant, each side to bear its own costs herein, IT IS HEREBY ORDERED that the complaint herein as to Defendant NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA is dismissed, with prejudice, each party to bear its own costs and attorney's fees herein.

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3/23/09 DATED: __________________

_____________________________________ United States District CourtD DERE Judge

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