McColm v. Foremost Insurance Company

Filing 41

ORDER DENYING EMERGENCY EX PARTE APPLICATION FOR ORDER AS UNNECESSARY (SI, COURT STAFF) (Filed on 8/10/2010) (Additional attachment(s) added on 8/11/2010: # 1 Envelope) (tf, COURT STAFF).

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: August 10, 2010 SUSAN ILLSTON United States District Judge IT IS SO ORDERED. v. FOREMOST INSURANCE COMPANY, Defendant. / PATRICIA A. MCCOLM, Plaintiff, No. C 09-04132 SI ORDER DENYING EMERGENCY EX PARTE APPLICATION FOR ORDER AS UNNECESSARY IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Plaintiff previously requested assurances that cashing a check issued by defendant Foremost Insurance Company in the amount of $1318.55 will not be treated as a waiver of any claims in this litigation. Counsel for defendant Foremost wrote a letter to plaintiff confirming that plaintiff's cashing the check issued by Foremost will not be asserted as any waiver of any right plaintiff has to proceed in this lawsuit. This letter is adequate to protect plaintiff's claims in this litigation and plaintiff may cash the check without waiving any claim in this litigation. Consequently, there is no need for further Court intervention and plaintiff's emergency ex parte application for order is denied as unnecessary. [Docket No. 39]