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)

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA - SAN FRANCISCO

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SWINERTON BUILDERS, a California
corporation; and SWINERTON
INCORPORATED, a California corporation,

CASE NO.: 3:12-04350-SC
STIPULATION AND ORDER OF DISMISSAL

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Plaintiffs,
v.
AMERICAN HOME ASSURANCE
COMPANY; NATIONAL UNION FIRE
INSURANCE COMPANY OF PITTSBURGH,
PA.; and DOES 1 through 250, inclusive,

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Defendants.
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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

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to settle the case on grounds of ripeness; and (2) granted Defendant’s motion to stay this action

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pending the completion of arbitration of the dispute about the proper calculation of deductibles in

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accordance with the Letter of Understanding. (Document 43.)

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(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
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STIPULATION AND ORDER OF DISMISSAL

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with prejudice pursuant to FRCP 41(a)(1) with a waiver of fees and costs wherein each party will

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bear its own attorney’s fees, costs, and expenses.

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/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

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*****

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PURSUANT TO STIPULATION, IT IS SO ORDERED:

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Judge S

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04/03/2014
____________________________________
Honorable Samuel Conti
United States District Court
UNIT
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STIPULATION AND ORDER OF DISMISSAL