Sierra Bay Contractors, Inc. v. Westchester Surplus Lines Insurance Company
Filing
174
STIPULATION AND ORDER RE 171 FOR DISMISSAL OF ASPEN SPECIALTY INSURANCE COMPANY WITH PREJUDICE. Signed by Judge Richard Seeborg on 12/21/12. (cl, COURT STAFF) (Filed on 12/21/2012)
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RAMIRO MORALES, Bar # 167947
rmorales@mfrlegal.com
DAVID A. ASTENGO, Bar # 196096
dastengo@mfrlegal.com
MORALES, FIERRO & REEVES
2300 Contra Costa Blvd., Suite 310
Pleasant Hill, California 94523
Telephone: (925) 288-1776
Facsimile: (925) 288-1856
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 ASPEN
SPECIALTY 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, Aspen Specialty Insurance
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Company (“Aspen Specialty”), have agreed and hereby stipulate to the dismissal of Aspen
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Specialty, from Westchester’s First Amended Third-Party Complaint, with prejudice, subject to
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said parties’ mutual waiver of costs. Said parties request the Court’s approval and execution of
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the below proposed order for dismissal.
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STIPULATION AND [PROPOSED] ORDER FOR
DISMISSAL OF ASPEN SPECIALTY INSURANCE COMPANY
Case No. 3:10-cv-04611-RS
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IT IS SO STIPULATED.
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DATE: December 21, 2012
LAW OFFICES OF SAMUEL F. BARNUM
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By:
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/s/ Samuel F. Barnum
SAMUEL F. BARNUM
Attorneys for Third-Party Defendant,
ASPEN SPECIALTY INSURANCE COMPANY
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DATE: December 21, 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, Aspen Specialty Insurance Company, be dismissed, with
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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.
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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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Date: 12/21/12
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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 ASPEN SPECIALTY INSURANCE COMPANY
Case No. 3:10-cv-04611-RS
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