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

Filing 159

STIPULATION AND ORDER RE 157 FOR DISMISSAL OF CONTINENTAL CASUALTY COMPANY AND NATIONAL FIRE INSURANCE COMPANY OF HARTFORD. 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
CONTINENTAL CASUALTY
COMPANY AND NATIONAL FIRE
INSURANCE COMPANY OF
HARTFORD

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 Defendants, Continental Casualty Company

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(“Continental Casualty”) and National Fire Insurance Company of Hartford “(National Fire”),

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have agreed and hereby stipulate to the dismissal of Continental Casualty and National Fire from

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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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STIPULATION AND [PROPOSED] ORDER FOR
Case No. 3:10-cv-04611-RS
DISMISSAL OF CONTINENTAL CASUALTY CO. AND NATIONAL FIRE INS. CO.

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proposed order for dismissal.
IT IS SO STIPULATED.

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DATE: December ____, 2012

COLLIAU, ELENIUS, MURPHY CARLUCCIO,
KEENER & MORRPW

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By:

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DATE: December 19, 2012

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STEPHEN RANDALL
Attorneys for Third-Party Defendants,
CONTINENTAL CASUALTY COMPANY and
NATIONAL FIRE INSURANCE COMPANY
OF HARTFORD

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

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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
against Third-Party Defendants, Continental Casualty Company and National Fire Insurance
Company of Hartford, be dismissed, with prejudice. The remainder of Westchester Surplus Lines
Insurance Company’s First Amended 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
Case No. 3:10-cv-04611-RS
DISMISSAL OF CONTINENTAL CASUALTY CO. AND NATIONAL FIRE INS. CO.

12/19/12