Sierra Bay Contractors, Inc. v. Westchester Surplus Lines Insurance Company

Filing 158

STIPULATION AND ORDER FOR DISMISSAL OF SCOTTSDALE INSURANCE COMPANY. Signed by Judge Richard Seeborg on 12/19/12. (cl, COURT STAFF) (Filed on 12/19/2012)

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RAMIRO MORALES, Bar # 167947
[e-mail]
DAVID A. ASTENGO, Bar # 196096
[e-mail]
MORALES, FIERRO & REEVES
2300 Contra Costa Blvd., Suite 310
Pleasant Hill, California 94523
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant / Third-Party Plaintiff, WESTCHESTER
SURPLUS LINES INSURANCE COMPANY

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UNITED STATES DISTRICT COURT

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NORHTERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO

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SIERRA BAY CONTRACTORS, INC.,
A California Corporation,

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Plaintiff,

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vs.

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WESTCHESTER SURPLUS LINES
INSURANCE COMPANY, a Georgia
corporation, and DOES 1 through 50,
inclusive,

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Defendants.
AND RELATED CROSS-ACTIONS

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CASE NO.: 3:10-cv-04611-RS
STIPULATION AND [PROPOSED]
ORDER FOR DISMISSAL OF
SCOTTSDALE INSURANCE
COMPANY

Pursuant to F.R.C.P. 41, Defendant and Third-Party Plaintiff, Westchester Surplus Lines

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Insurance Company (“Westchester”), and Third-Party Defendant and Cross-Claimant, Scottsdale

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Insurance Company (“Scottsdale”), have agreed and hereby stipulate to the dismissal of Scottsdale

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from Westchester’s First Amended Third-Party Complaint, with prejudice, subject to said parties’

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mutual waiver of costs. Said parties request the Court’s approval and execution of the below

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proposed order for dismissal.
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STIPULATION AND [PROPOSED] ORDER FOR
DISMISSAL OF SCOTTSDALE INSURANCE COMPANY

Case No. 3:10-cv-04611-RS

IT IS SO STIPULATED.

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DATE: December ____, 2012

SELMAN BREITMAN, LLP

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By:

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_____
LISA MARTIN LAMPKIN
Attorneys for Third-Party Defendant and CrossClaimant, SCOTTSDALE INSURANCE
COMPANY

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DATE: December 19, 2012

MORALES, FIERRO & REEVES

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By:

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/s/ David Astengo
DAVID A. ASTENGO
Attorneys for Defendant and Third-Party Plaintiff
WESTCHESTER SURPLUS LINES
INSURANCE COMPANY

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[PROPOSED] ORDER OF PARTIAL DISMISSAL
Having reviewed the above stipulation, the Court orders that Defendant and Third-Party

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Plaintiff, Westchester Surplus Lines Insurance Company’s, First Amended Third-Party Complaint

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against Third-Party Defendant and Cross-Claimant, Scottsdale Insurance Company, be dismissed,

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with prejudice. The remainder of Westchester Surplus Lines Insurance Company’s First Amended

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Third-Party Complaint shall not be changed or impacted by this Order.
PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Date:
_____
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HONORABLE RICHARD SEEBORG
United States District Court
Northern District of California

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STIPULATION AND [PROPOSED] ORDER FOR
DISMISSAL OF SCOTTSDALE INSURANCE COMPANY

Case No. 3:10-cv-04611-RS

12/19/12