Swinerton Builders et al v. American Home Assurance Company et al

Filing 48

STIPULATION AND ORDER OF DISMISSAL. Signed by Judge Samuel Conti on 04/03/2014. (tmi, COURT STAFF) (Filed on 4/3/2014)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA - SAN FRANCISCO 10 11 12 SWINERTON BUILDERS, a California corporation; and SWINERTON INCORPORATED, a California corporation, CASE NO.: 3:12-04350-SC STIPULATION AND ORDER OF DISMISSAL 13 14 15 16 Plaintiffs, v. AMERICAN HOME ASSURANCE COMPANY; NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA.; and DOES 1 through 250, inclusive, 17 Defendants. 18 19 20 21 22 The undersigned parties, through their respective counsel, hereby stipulate the abovecaptioned action be dismissed with prejudice pursuant to FRCP 41(a)(1) as follows: (1) On July 23, 2013, the Court (1) granted Defendants’ motion to dismiss Plaintiffs’ breach of contract and breach of implied covenant claims to the degree that they are based on failure 23 24 to settle the case on grounds of ripeness; and (2) granted Defendant’s motion to stay this action 25 pending the completion of arbitration of the dispute about the proper calculation of deductibles in 26 accordance with the Letter of Understanding. (Document 43.) 27 28 (3) The parties have since resolved the deductible issue subject to arbitration as ordered by the Court on July 23, 2013. As such, the parties stipulate the above-captioned action be dismissed 1 STIPULATION AND ORDER OF DISMISSAL 1 with prejudice pursuant to FRCP 41(a)(1) with a waiver of fees and costs wherein each party will 2 bear its own attorney’s fees, costs, and expenses. 3 4 5 6 7 8 9 /s/ Charles L. Fanning Joseph L. Oliva, Esquire Charles L. Fanning, Esquire Oliva & Associates, ALC 11770 Bernardo Plaza Court, Suite 350 San Diego, CA 92128 Attorney for Plaintiffs, Swinerton Builders and Swinerton Incorporated s/ Marc J. Derewetzky Marc J. Derewetzky, Esquire Trenk DiPasquale Della Fera & Sodono, P.C. 1300 Clay Street, Suite 600 Oakland, CA 94612 Attorneys for Defendants, American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, PA 10 11 12 ***** 13 14 15 PURSUANT TO STIPULATION, IT IS SO ORDERED: 17 R NIA onti S H ER FO amuel C Judge S RT 22 NO 21 LI 20 04/03/2014 ____________________________________ Honorable Samuel Conti United States District Court UNIT ED 19 RT U O 18 ISTRIC ES D TC AT T A 16 N F D IS T IC T O R C 23 24 25 26 27 28 2 STIPULATION AND ORDER OF DISMISSAL

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?