Northern California River Watch v. Golden Technology Company et al

Filing 40

STIPULATION AND ORDER RE VOLUNTARY DISMISSAL OF INSURANCE-RELATED CLAIM IN THIRD-PARTY COMPLAINT. Signed by Judge Alsup on May 20, 2010. (whalc1, COURT STAFF) (Filed on 5/20/2010)

Case3:09-cv-05496-WHA Document39

Filed05/19/10 Page1 of 3

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
SQUIRE, SANDERS & DEMPSEY L.L.P.
One Maritime Plaza, Suite 300 San Francisco, CA 94111-3492

Ethan A. Miller (State Bar No. 155965) David A. Gabianelli (State Bar No. 158170) Barry D. Brown, Jr. (State Bar No. 233544) SQUIRE, SANDERS & DEMPSEY L.L.P. One Maritime Plaza, Suite 300 San Francisco, California 94111-3492 Telephone: [phone] Facsimile: +1.415.393.9887 Email: [e-mail] Email: [e-mail] Attorneys for Third-Party Defendant and Cross-Defendant PACIFIC INDEMNITY COMPANY UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA (SAN FRANCISCO DIVISION) NORTHERN CALIFORNIA RIVER WATCH, a non-profit corporation, Plaintiff, vs. GOLDEN TECHNOLOGY COMPANY, ARNOLD CARSTON, LARRY CARRILLO, FRANCINE CLAYTON, DOES 1 - 30, Inclusive, Defendants. ARNOLD CARSTON, LARRY CARRILLO and FRANCINE CLAYTON Cross-Complainants vs. PACIFIC INDEMNITY COMPANY, Cross-Defendant Case No. CV-09-02581 (WHA) Case No. CV-09-05496 (WHA) STIPULATION RE VOLUNTARY DISMISSAL OF INSURANCE-RELATED CLAIM IN DEFENDANTS' AND CROSSCOMPLAINANTS' THIRD-PARTY COMPLAINT; [PROPOSED] ORDER

STIPULATION RE VOLUNTARY DISMISSAL OF INSURANCE-RELATED CLAIM; [PROPOSED] ORDER CASE NO. CV-09-5496 (WHA)

Case3:09-cv-05496-WHA Document39

Filed05/19/10 Page2 of 3

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
SQUIRE, SANDERS & DEMPSEY L.L.P.
One Maritime Plaza, Suite 300 San Francisco, CA 94111-3492

WHEREAS, Defendants Arnold Carston, Larry Carrillo, Francine Clayton ("Defendants") recently filed a third-party complaint and third-party cross-complaint (the "Cross-Complaint") against Pacific Indemnity Company ("Pacific Indemnity") in this matter on December 24, 2009; WHEREAS, Pacific Indemnity Company's response to the Cross Complaint is currently due to be filed and served by February 5, 2010; WHEREAS, parties have met and conferred regarding third-party plaintiffs' claim against Pacific Indemnity in the Cross-Complaint for breach of insurance contract; Pursuant to Federal Rule of Civil Procedure 41(a) and (c), IT IS HEREBY STIPULATED by and between Defendants and Pacific Indemnity as follows: 1. Third -party plaintiffs voluntarily dismiss, without prejudice, any claim whatsoever

based on any alleged insurance agreement between Pacific Indemnity and third-party plaintiffs, as reflected in the Cross-Complaint at page 2, line 25 ("...both as an insurer and..."); and 2. As a result, the Cross-Complaint against Pacific Indemnity in this action will be

based solely on principles of implied contractual indemnity, as alleged in the Cross-Complaint at page 2, paragraph 3. IT IS SO STIPULATED. DATED: February 2, 2010 SQUIRE, SANDERS & DEMPSEY L.L.P.

By:

/ s / David A. Gabianelli DAVID A. GABIANELLI

Attorneys for Third-Party Defendant and Cross-Defendant PACIFIC INDEMNITY COMPANY DATED: February 2, 2010 BEYERS COSTIN

By:

/ s / Peter L. Simon PETER L. SIMON

Attorneys for Defendants and Cross-Complainants AARNOLD CARSTON, LARRY CARRILLO and FRANCINE CLAYTON 1
STIPULATION RE VOLUNTARY DISMISSAL OF INSURANCE-RELATED CLAIM; [PROPOSED] ORDER CASE NO. CV-09-5496 (WHA)

Case3:09-cv-05496-WHA Document39

Filed05/19/10 Page3 of 3

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
SQUIRE, SANDERS & DEMPSEY L.L.P.
One Maritime Plaza, Suite 300 San Francisco, CA 94111-3492

UNIT ED

S

1

PURSUANT TO STIPULATION, IT IS SO ORDERED. DATED: May 20, 2010.

S DISTRICT TE C TA

RT U O
R NIA

A WILLIAM H. ALSUP HONORABLEPPR United States District Court Judge
Judge W illiam A lsup

OVED

ER

N

F D IS T IC T O R

2
STIPULATION RE VOLUNTARY DISMISSAL OF INSURANCE-RELATED CLAIM; [PROPOSED] ORDER CASE NO. CV-09-5496 (WHA)

A

C

LI

FO

NO

RT

H