Hammack v. Continental Casualty Company

Filing 27

STIPULATION AND ORDER OF DISMISSAL re 26 Stipulation filed by Loretta Hammack. Signed by Judge Edward M. Chen on 6/26/13. (bpf, COURT STAFF) (Filed on 6/26/2013)

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1 2 3 4 Rebecca Grey (State Bar No. 194940) THE GREY LAW FIRM, P.C. 235 Montgomery Street, Suite 1101 San Francisco, California 94104 Telephone: (415) 262-9926 Facsimile: (415) 262-9981 E-mail: grey@greylaw-sf.com 5 6 Attorney for Plaintiff William Hammack 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 10 11 LORETTA HAMMACK, as Guardian ad Litem on Behalf of WILLIAM HAMMACK, Plaintiff, 12 13 14 15 16 vs. CONTINENTAL CASUALTY COMPANY, Defendants. AND RELATED COUNTERCLAIM 17 ) Case No. 3:12-cv-05464-EMC ) ) STIPULATION OF DISMISSAL WITH ) PREJUDICE ; ORDER ) ) ) ) ) ) ) ) ) ) 18 19 20 21 22 Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), this Stipulation of Dismissal With Prejudice is entered into by and between Plaintiff and Counterclaim Defendant Loretta Hammack, as guardian ad litem on behalf of William Hammack, and defendant and Counterclaim Plaintiff Continental Casualty Company. WHEREAS, on October 23, 2012 Plaintiff Loretta Hammack, as guardian ad litem on behalf of William 23 Hammack, filed the Complaint initiating this action and asserting various claims against Defendant Continental 24 Casualty Company, including: 1) breach of the covenant of good faith and fair dealing; and 2) breach of contract. 25 WHEREAS, on November 26, 2012 Defendant and Counterclaim Plaintiff Continental Casualty 26 Company filed an Answer and Counterclaim asserting a claim for declaratory judgment against Counterclaim 27 Defendant Loretta Hammack, as guardian ad litem on behalf of William Hammack. 28 -1STIPULATION OF DISMISSAL WITH PREJUDICE Case No. 3:12-cv-05464EMC 1 NOW THEREFORE, the parties respectfully request that all claims in the Complaint and Answer With 2 Counterclaim for Declaratory Judgment between Loretta Hammack, as guardian ad litem on behalf of William 3 Hammack, and Continental Casualty Company be DISMISSED WITH PREJUDICE. Each party to bear its own 4 costs and attorneys’ fees. 5 IT IS SO STIPULATED AND AGREED. 6 7 8 9 Dated: June 21, 2013 THE GREY LAW FIRM PC 10 By: /s/ Rebecca Grey Rebecca Grey Attorney for Plaintiff LORETTA HAMMACK, as Guardian ad litem on behalf of William Hammack 11 12 13 14 Dated: June 21, 2013 EDWARDS WILDMAN PALMER LLP 15 16 By: /s/ Brent R. Austin Brent R. Austin Attorney for Defendant CONTINENTAL CASUALTY COMPANY 17 18 19 27 R NIA FO LI ER en d M. Ch dwar Judge E H 26 RT 25 ___________________ EDWARD M. CHEN U.S. DISTRICT JUDGE NO 24 TED GRAN A 23 UNIT ED 22 IT IS SO RT U O 21 S DISTRICT TE C A ORDERED: T S 20 N F D IS T IC T O R C 28 -2STIPULATION OF DISMISSAL WITH PREJUDICE Case No. 3:12-cv-05464EMC

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