National Union Fire Insurance Company of Pittsburgh, PA v. Payless Shoe Source, Inc. et al

Filing 86

ORDER re 84 Stipulated Notice of Dismissal with Prejudice. Signed by Judge Edward M. Chen on 3/15/2013. (emclc1, COURT STAFF) (Filed on 3/15/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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NATIONAL UNION FIRE INSURANCE
COMPANY OF PITTSBURGH, PA.,

No. C-11-1892 EMC

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Plaintiff,

ORDER RE STIPULATED NOTICE OF
DISMISSAL WITH PREJUDICE

v.
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For the Northern District of California

United States District Court

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(Docket No. 84)
PAYLESS SHOESOURCE, INC., et al.,

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Defendants.
___________________________________/

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Plaintiff National Union Fire Insurance Company of Pittsburgh, PA. ("National Union"), and

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Defendants Payless Shoesource, Inc., et al. (collectively "Payless"), have stipulated to dismiss the

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above-captioned matter with prejudice. See Docket No. 84. Prior to their filing of the instant

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stipulation, the Court ordered Plaintiff to show cause as to why this case should not be

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dismissed following the resolution of a similar suit in the U.S. District Court for the District of

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Kansas. See Collective Brands, Inc. et. al. v. National Union Fire Insurance Company of

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Pittsburgh, PA. et. al., No. 5:11-cv-04097-JTM-KGG, Docket No. 82 (Judgment). Plaintiff filed a

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timely response to the order to show cause, see Response to Order to Show Cause (Docket No. 82),

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and the Court is satisfied by the explanation provided therein and vacates the order to show cause

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(terminating Docket No. 81).

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Fed. R. Civ. P. 41(a)(1)(A) permits a plaintiff to voluntarily dismiss an action without a court

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order by filing "a stipulation of dismissal signed by all parties who have appeared." National

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Union's Joint Notice of Stipulation of Dismissal with Prejudice (Docket No. 84) meets the

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requirements of this rule. Therefore, this action is DISMISSED WITH PREJUDICE.

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Defendants’ Motion to Dismiss, Stay, or Transfer (Docket No. 51) and Plaintiff's Motion for

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Summary Judgment (Docket No. 70) are DENIED as moot. The Clerk is directed to close the file in

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this matter.

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This order disposes of Docket Nos. 51, 70, and 81.

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IT IS SO ORDERED.

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Dated: March 15, 2013
_________________________
EDWARD M. CHEN
United States District Judge

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For the Northern District of California

United States District Court

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