Valley Forge Insurance Company et al v. Odyssey Thera, Inc.

Filing 65

ORDER GRANTING 64 STIPULATION FOR PARTIAL DISMISSAL. Signed by Judge Jeffrey S. White on 7/11/12. (jjoS, COURT STAFF) (Filed on 7/11/2012)

Case3:12-cv-00227-JSW Document64 Filed07/10/12 Page1 of 6

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Robert Christensen (State Bar Number 151296)
COLLIAU CARLUCCIO KEENER MORROW
PETERSON & PARSONS
555 Mission Street, Suite 330
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
Attorneys for Plaintiffs and Counter-Defendants VALLEY FORGE
INSURANCE COMPANY and CONTINENTAL CASUALTY COMPANY
Raymond H. Sheen (State Bar No. 194598)
JONES DAY
555 California Street, 26th Floor
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Defendant and Counter/Cross-Claimant ODYSSEY THERA, INC.
IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
VALLEY FORGE INSURANCE COMPANY
)
and CONTINENTAL CASUALTY COMPANY, )
)
Plaintiffs,
)
)
vs.
)
)
ODYSSEY THERA, INC.,
)
)
Defendant.
)
_______________________________________ )
)
)
ODYSSEY THERA, INC.,
)
)
Counter/Cross)
Claimant,
)
vs.
)
)
)
VALLEY FORGE INSURANCE COMPANY,
)
CONTINENTAL CASUALTY COMPANY and )
SCOTTSDALE INSURANCE COMPANY,
)
)
Counter/Cross)
Defendants.
)
______________________________________
)

Civil Action No. C-12-00227-JSW
STIPULATION AND [PROPOSED]
ORDER OF DISMISSAL
(Assigned to the Honorable Jeffrey S.
White)

Stipulation and [Proposed] Order of Dismissal - 1
Civil Action No. C-12-00227-JSW

Case3:12-cv-00227-JSW Document64 Filed07/10/12 Page2 of 6

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TO THE COURT CLERK, ALL PARTIES AND THEIR COUNSEL:

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IT IS HEREBY STIPULATED by and between plaintiffs/counter-defendants Valley Forge

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Insurance Company and Continental Casualty Company and defendant/counter-claimant Odyssey

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Thera, Inc., through their undersigned counsel, that the following be dismissed with prejudice: (1)

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the complaint filed by plaintiffs Valley Forge Insurance Company and Continental Casualty

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Company against defendant Odyssey Thera, Inc., and all claims and causes of action therein; and

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(2) Odyssey Thera, Inc.’s counter-claims against Valley Forge Insurance Company and Continental

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Casualty Company.

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In accordance with the dismissal, plaintiffs Valley Forge Insurance Company and

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Continental Casualty Company withdraw the motion for partial summary judgment filed by

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Plaintiffs on June 8, 2012, pursuant to Local Rule 7-7(e).

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This Stipulation shall have no effect on Odyssey Thera Inc.’s claims against Scottsdale

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Insurance Company. This Stipulation is made pursuant to the parties’ Settlement Agreement. Each

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of the parties is to bear its own costs and attorney fees in the instant action.

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DATED: July 10, 2012

COLLIAU CARLUCCIO KEENER MORROW PETERSON
& PARSONS

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/s/ Robert Christensen
ROBERT C. CHRISTENSEN
Attorneys for Plaintiffs and Counter-Defendants
VALLEY FORGE INSURANCE COMPANY and
CONTINENTAL CASUALTY COMPANY

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DATED: July 10, 2012

JONES DAY

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/s/ Raymond Sheen
RAYMOND SHEEN
Attorneys for Defendant and Counter/Cross-Claimant
ODYSSEY THERA, INC.

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Stipulation and [Proposed] Order of Dismissal - 2
Civil Action No. C-12-00227-JSW

Case3:12-cv-00227-JSW Document64 Filed07/10/12 Page3 of 6

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[PROPOSED] ORDER

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Upon stipulation of the parties, and pursuant to Federal Rules of Civil Procedure, Rule

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41(a), IT IS HEREBY ORDERED that the following are dismissed with prejudice: (1) the

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complaint filed by plaintiffs Valley Forge Insurance Company and Continental Casualty Company

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against defendant Odyssey Thera, Inc., and all causes of action therein; and (2) Odyssey Thera,

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Inc.’s counter-claims against Valley Forge Insurance Company and Continental Casualty Company.

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In accordance with the dismissal, the motion for partial summary judgment filed by plaintiffs Valley

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Forge Insurance Company and Continental Casualty Company is hereby withdrawn.

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July 11, 2012
Dated: _____________________

__________________________________
Honorable Jeffrey S. White
Judge of the United States District Court for the
Northern District of California

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Stipulation and [Proposed] Order of Dismissal - 3
Civil Action No. C-12-00227-JSW