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

Filing 166

STIPULATION AND ORDER FOR DISMISSAL OF LEXINGTON INSURANCE COMPANY. Signed by Judge Richard Seeborg on 12/20/12. (cl, COURT STAFF) (Filed on 12/20/2012)

Case3:10-cv-04611-RS Document162 Filed12/19/12 Page1 of 2

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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
LEXINGTON 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, Lexington Insurance Company

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(“Lexington”), have agreed and hereby stipulate to the dismissal of Lexington from Westchester’s

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First Amended Third-Party Complaint, with prejudice, subject to said parties’ mutual waiver of

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costs. Said parties request the Court’s approval and execution of the below proposed order for

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dismissal.
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STIPULATION AND [PROPOSED] ORDER FOR
DISMISSAL OF LEXINGTON INSURANCE COMPANY

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

Case3:10-cv-04611-RS Document162 Filed12/19/12 Page2 of 2

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IT IS SO STIPULATED.

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DATE: December 19, 2012

SELVIN WRAITH HALMAN, LLP

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By:

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/s/ Gary R. Selvin
GARY R. SELVIN
Attorneys for Third-Party Defendant,
LEXINGTON 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

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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
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against Third-Party Defendant, Lexington Insurance Company, be dismissed, with prejudice. The
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remainder of Westchester Surplus Lines Insurance Company’s First Amended Third-Party
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Complaint shall not be changed or impacted by this Order.
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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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Date: 12/20/12
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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 LEXINGTON INSURANCE COMPANY

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