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

Filing 79

ORDER GRANTING 78 STIPULATION of Dismissal. Signed by Judge Jeffrey S. White on 12/3/12. (jjoS, COURT STAFF) (Filed on 12/3/2012)

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Alexis J. Rogoski (AJR-8512)
Edward C. Carleton (ECC-7569)
BOUNDAS, SKARZYNSKI, WALSH &
BLACK, LLC
One Battery Park Plaza, 32nd Floor
New York, NY 10004
Telephone [phone]
Email: [e-mail]
Attorneys for Cross-Defendant
SCOTTSDALE INSURANCE COMPANY

Linda Wendell Hsu (SBN 162971)
Mark Inbody (SBN 180862)
SELMAN BREITMAN
33 New Montgomery, 6th Floor
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Cross-Defendant
SCOTTSDALE INSURANCE
COMPANY

Raymond H. Sheen (SBN 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

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TO THE COURT CLERK, ALL PARTIES AND THEIR COUNSEL:
IT IS HEREBY STIPULATED by and between defendant/cross-claimant Odyssey Thera,

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Inc. (“Odyssey”) and cross-defendant Scottsdale Insurance Company (“Scottsdale”), through their

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undersigned counsel, that all claims asserted by Odyssey against Scottsdale in this action should be

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dismissed with prejudice.

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Previously, in July 2012, all claims asserted by or against plaintiffs Valley Forge Insurance

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Company and Continental Casualty Company in this action were dismissed with prejudice. With

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the dismissal of claims asserted by Odyssey against Scottsdale, there will be no claims, counter-

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claims, or cross-claims remaining in this action. Accordingly, Odyssey and Scottsdale further

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stipulate that this action should be dismissed with prejudice.
This Stipulation is made pursuant to the parties’ Settlement Agreement. Each of the parties
is to bear its own costs and attorney fees in the instant action.

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DATED: November 28, 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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DATED: November 28, 2012

BOUNDAS, SKARZYNSKI, WALSH & BLACK, LLC

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/s/ Alexis J. Rogoski
ALEXIS J. ROGOSKI

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Attorneys for Cross-Defendant
SCOTTSDALE INSURANCE COMPANY

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

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[PROPOSED] ORDER
Upon stipulation of the parties, IT IS HEREBY ORDERED that this action shall be

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DISMISSED WITH PREJUDICE.

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IT IS SO ORDERED.

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December 3, 2012
Dated: _____________________

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

SFI-778450v2

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