Travelers Indemnity Company of Connecticut et al v. Colma Drayage, Inc et al

Filing 149

STIPULATION AND ORDER Dismissing Cross-Claims for Indemnity Between Colma Drayage, Inc. and Devincenzi Trucking, Inc. Signed by Judge Samuel Conti on 3/31/11. (tdm, COURT STAFF) (Filed on 3/31/2011)

Travelers Indemnity Company of Connecticut et al v. Colma Drayage, Inc et al

Doc. 149

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Thomas S. Brazier, Esq./SBN 055484 Eric Steinle, Esq./SBN 201117 LaMORE, BRAZIER, RIDDLE & GIAMPAOLI 1570 The Alameda, Suite 150 San Jose, California 95126-2305 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant DEVINCENZI TRUCKING, INC.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

TRAVELERS INDEMNITY COMPANY OF CONNECTICUT; MARINPAK MPK SONOMA, INC., Plaintiffs, v. COLMA DRAYAGE, INC,; DEVINCENZI TRUCKING, INC.; FREDRICK SHUMATE dba SHUMATE ENTERPRISES, LLC; and DOES 120, inclusive, Defendants. _________________________________________ AND RELATED CROSS-CLAIMS.

Case No.: 3:09-CV-03118SC STIPULATION DISMISSING CROSSCLAIMS FOR INDEMNITY BETWEEN COLMA DRAYAGE, INC. AND DEVINCENZI TRUCKING, INC.; [PROPOSED] ORDER

It is stipulated by and between Colma Drayage, Inc. and Devincenzi Trucking, Inc., by and through their counsel of record, undersigned, as follows: 1. In answering the Complaint in Subrogation and Amended Complaint in Subrogation filed

in the above-captioned action by Travelers Indemnity Company of Connecticut and Marinpak MPK Sonoma, Inc., Colma Drayage, Inc. and Devincenzi Trucking, Inc. each cross-claimed against the other for equitable indemnity.

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Case No. 3:09-cv-03118 SC ­ STIPULATION DISMISSING CROSS-CLAIMS FOR INDEMNITY BETWEEN COLMA DRAYAGE, INC. AND DEVINCENZI TRUCKING, INC.; [PROPOSED] ORDER

Dockets.Justia.com

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The plaintiffs in subrogation settled their claim against all defendants in that action,

including Colma Drayage, Inc. and Devincenzi Trucking, Inc. The plaintiffs in subrogation then filed a Stipulation and Order dismissing their claims, which this court signed on February 17, 2011. 3. After the complaint in subrogation was settled, Colma Drayage, Inc. and Devincenzi

Trucking, Inc. settled their cross-claims on mutually-satisfactory terms, and each has now executed a full and final release of all claims between them arising from the events and incidents that gave rise to the Complaint in Subrogation. 4. As one of the terms of their settlement and release, Colma Drayage, Inc. and Devincenzi

Trucking, Inc. agreed that each party would bear its own fees and costs. 5. Colma Drayage, Inc. and Devincenzi Trucking, Inc. now ask the court to enter an order,

which appears below, dismissing Colma Drayage, Inc.'s cross-claims against Devincenzi Trucking, Inc. only, and Devincenzi Trucking, Inc.'s cross-claims against Colma Drayage, Inc. only. IT IS SO STIPULATED. Dated: March 31, 2011 LaMORE, BRAZIER, RIDDLE & GIAMPAOLI By: /s/ Eric Steinle Thomas S. Brazier Eric Steinle Attorneys for Defendant, Cross-Complainant, Cross-Defendant and Third-Party Complainant, DEVINCENZI TRUCKING, INC. Dated: March 30, 2011 MORANGA & MORGENSTERN

15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER The stipulation between Colma Drayage, Inc. and Devincenzi Trucking, Inc. being made with good cause, the cross-claims for indemnity filed by Colma Drayage, Inc. against Devincenzi Trucking, Inc. only and the cross-claims for indemnity filed by Devincenzi Trucking, Inc. against Colma Drayage, 2
Case No. 3:09-cv-03118 SC ­ STIPULATION DISMISSING CROSS-CLAIMS FOR INDEMNITY BETWEEN COLMA DRAYAGE, INC. AND DEVINCENZI TRUCKING, INC.; [PROPOSED] ORDER

By:

/s/ Richard Ozowski Richard Ozowski Attorneys for Defendant, Cross-Complainant, and Cross-Defendant COLMA DRAYAGE

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Inc. only are hereby dismissed. Under the terms of their settlement of those claims, each party will bear its own fees and costs. IT IS SO ORDERED.

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Case No. 3:09-cv-03118 SC ­ STIPULATION DISMISSING CROSS-CLAIMS FOR INDEMNITY BETWEEN COLMA DRAYAGE, INC. AND DEVINCENZI TRUCKING, INC.; [PROPOSED] ORDER

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