Gradillas et al v. Lincoln General Insurance Company et al

Filing 148

ORDER re 147 Notice of Voluntary Dismissal of Defendants Who Have Not Yet Appeared in the Action filed by Lillian Gradillas. Signed by Judge Charles R. Breyer on 3/23/2016. (beS, COURT STAFF) (Filed on 3/24/2016)

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Scott A. Brown, SBN 177099
David M. Poore, SBN 192541
BROWN | POORE LLP
1350 Treat Blvd., Suite 420
Walnut Creek, California 94597
Telephone:
[phone]
[e-mail]
Attorneys for Plaintiffs
LILLIAN and CHRIS GRADILLAS

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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LILLIAN GRADILLAS; CHRIS
GRADILLAS, individually and as assignees of
KENNETH NWADIKI, JR. dba AMERICA
BUS LINE,

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Plaintiffs,

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NOTICE OF DISMISSAL OF ALL
DEFENDANTS, OTHER THAN
DEFENDANT LINCOLN GENERAL
INSURANCE COMPANY, AND ORDER
[F.R.C.P. 41(a)(1)(A)(i)]

v.
LINCOLN GENERAL INSURANCE
COMPANY; PRO INSURANCE SOLUTION
LIMITED; PRO IS, INC. (DOE 1);
WALSHIRE ASSURANCE COMPANY
(DOE 2); KINGSWAY FINANCIAL
SERVICES, INC. (DOE 3); TAWA, PLC
(DOE 4); LGIC HOLDINGS (DOE 5);
KINGSWAY AMERICA, INC. (DOE 6); and
DOES 7 through 10,

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Case No. 3:12-cv-03697 CRB

Defendants.

Courtroom 6, 17th Floor
Action Filed: February 23, 2012
Trial Date: None

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PLEASE TAKE NOTICE that Plaintiffs LILLIAN and CHRIS GRADILLAS hereby

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dismiss with prejudice the following Defendants, in accordance with Federal Rule of Civil

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Procedure 41(a)(1)(A)(i):

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PRO INSURANCE SOLUTION LIMITED; PRO IS, INC. (DOE 1); WALSHIRE

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ASSURANCE COMPANY (DOE 2); KINGSWAY FINANCIAL SERVICES, INC. (DOE 3);

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TAWA, PLC (DOE 4); LGIC HOLDINGS (DOE 5); and KINGSWAY AMERICA, INC. (DOE

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6) (collectively, “Dismissed Defendants”).

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This dismissal does not affect Defendant LINCOLN GENERAL INSURANCE

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COMPANY (In Liquidation) (“Lincoln General”), and Defendant Lincoln General will remain a

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party to this litigation until the settlement consideration is transferred to Plaintiffs, in accordance

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with the parties’ settlement agreement.

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There exists good cause in which to dismiss these Defendants pursuant to Rule

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41(a)(1)(A)(i), as, after many years, the Plaintiffs and Lincoln General have reached settlement

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that will dispose of the litigation without any further participation required by Dismissed

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Defendants, and Plaintiffs named Dismissed Defendants in this action as alleged alter-egos of

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Defendant Lincoln General. The Dismissed Defendants have not appeared in this action, and

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they were previously dismissed without prejudice, when Defendant Lincoln General appealed the

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grant of partial summary judgment in this matter to the Ninth Circuit Court of Appeals. As

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Plaintiffs and Lincoln General have now reached a full settlement in this matter, the Dismissed

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Defendants should be dismissed, with prejudice, at this time, with each party bearing its own

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costs and attorney’s fees.

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Dated: March 21, 2016

BROWN | POORE LLP

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__//s// David M. Poore____________________
DAVID M. POORE
Attorneys for Plaintiffs
LILLIAN & CHRIS GRADILLAS

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NOTICE OF DISMISSAL OF ALTER-EGO DEFENANTS WHO HAVE YET TO APPEAR IN THE ACTION
Gradillas v. Lincoln General Ins. Co., et al, Case No. 3:12-CV-03697 CRB

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ORDER

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IT IS HEREBY ORDERED that the following Defendants are hereby dismissed from this
action with prejudice: PRO INSURANCE SOLUTION LIMITED; PRO IS, INC. (DOE 1);
WALSHIRE ASSURANCE COMPANY (DOE 2); KINGSWAY FINANCIAL SERVICES,
INC. (DOE 3); TAWA, PLC (DOE 4); LGIC HOLDINGS (DOE 5); and KINGSWAY
AMERICA, INC. (DOE 6). Each party to bear its own costs and attorney’s fees.
SO ORDERED.

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Dated: March 23, 2015

___________________________________
UNITED STATES DISTRICT COURT

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NOTICE OF DISMISSAL OF ALTER-EGO DEFENANTS WHO HAVE YET TO APPEAR IN THE ACTION
Gradillas v. Lincoln General Ins. Co., et al, Case No. 3:12-CV-03697 CRB