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

Filing 168

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

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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 GEMINI
INSURANCE COMPANY WITH
PREJUDICE

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, Gemini Insurance Company

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

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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 GEMINI INSURANCE COMPANY WITH PREJUDICE

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

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IT IS SO STIPULATED.

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DATE: December 20, 2012

WOLKIN • CURRAN, LLP

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By:

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DATE: December 20, 2012

/s/ Amy K. Thomas
AMY K. THOMAS
Attorneys for Third-Party Defendant,
GEMINI INSURANCE COMPANY

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
Plaintiff, Westchester Surplus Lines Insurance Company’s, First Amended Third-Party Complaint
against Third-Party Defendant, Gemini Insurance Company, 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: 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 GEMINI INSURANCE COMPANY WITH PREJUDICE

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