St. Paul Mercury Insurance Company v. American Safety Indemnity Company et al

Filing 173

STIPULATION AND ORDER re 171 STIPULATION WITH PROPOSED ORDER TO VOLUNTARILY DISMISS ZURICH AMERICAN INSURANCE COMPANY filed by St. Paul Mercury Insurance Company. Signed by Judge Edward M. Chen on 7/10/15. (bpf, COURT STAFF) (Filed on 7/10/2015)

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THE AGUILERA LAW GROUP, APLC
A. Eric Aguilera (SBN 192390)
Kimberly R. Arnal (SBN 200448)
650 Town Center Drive, Suite 100
Costa Mesa, California 92626
T: 714.384.6600 / F: 714.384.6601
[e-mail]
[e-mail]
Attorneys for Plaintiff
ST. PAUL MERCURY INSURANCE COMPANY

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA – SAN FRANCISCO DIVISION

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ST. PAUL MERCURY INSURANCE
COMPANY, a Minnesota corporation

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Case No. C 13-01082-EMC
Hon. Edward M. Chen

Plaintiff,

STIPULATION TO VOLUNTARILY
DISMISS DEFENDANT ZURICH
AMERICAN INSURANCE
COMPANY; [PROPOSED] ORDER

v.
AMERICAN SAFETY INDEMNITY
COMPANY, an Oklahoma corporation;
ARCH SPECIALTY INSURANCE
COMPANY, a Nebraska corporation;
ASPEN SPECIALTY INSURANCE
COMPANY, a North Dakota
corporation; FIRST SPECIALTY
INSURANCE CORPORATION, a
Missouri corporation; GOLDEN BEAR
INSURANCE COMPANY, a
California corporation; HARTFORD
CASUALTY INSURANCE
COMPANY, a New Jersey corporation;
LANDMARK AMERICAN
INSURANCE COMPANY, an
Oklahoma corporation; LEXINGTON
INSURANCE COMPANY, a Delaware
corporation; LIBERTY MUTUAL
INSURANCE COMPANY, a
Massachusetts corporation;
MARYLAND CASUALTY
COMPANY, a Maryland corporation;
MT. HAWLEY INSURANCE

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CASE NO. C-13-01082-EMC
STIPULATION TO VOLUNTARILY DISMISS DEFENDANT ZURICH AMERICAN INSURANCE COMPANY

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COMPANY, an Illinois corporation;
NATIONAL UNION FIRE
INSURANCE COMPANY OF
PITTSBURGH, PA., a Pennsylvania
corporation; NAUTILUS
INSURANCE COMPANY, an Arizona
corporation; NORTHERN
INSURANCE COMPANY OF NEW
YORK, a New York corporation;
PROBUILDERS SPECIALTY
INSURANCE COMPANY, RRG, A
RISK RETENTION GROUP, a District
of Colombia corporation;
SCOTTSDALE INSURANCE
COMPANY, an Ohio corporation;
UNITED NATIONAL INSURANCE
COMPANY, a Pennsylvania
corporation; ZURICH AMERICAN
INSURANCE COMPANY, a New
York corporation; and DOES 1-1000,
inclusive.

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Defendants.

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WHEREAS, Plaintiff St. Paul Mercury Insurance Company (“St. Paul”) and

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Defendant Zurich American Insurance Company (“Zurich”) have reached a settlement;

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WHEREAS, Plaintiff St. Paul wishes to dismiss, with prejudice, its First

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Amended Complaint against Defendant Zurich in the present action.

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IT IS HEREBY STIPULATED AND AGREED BY AND BETWEEN

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Plaintiff St. Paul and Defendant Zurich, by and through their designated counsel, that

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Zurich be and is hereby dismissed with prejudice from the above-entitled action

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pursuant to FRCP 41(a)(1).
Both Plaintiff St. Paul and Defendant Zurich further agree to waive any claim

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for costs they might have against each other associated with the present action.

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///

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///

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CASE NO. C-13-01082-EMC
STIPULATION TO VOLUNTARILY DISMISS DEFENDANT ZURICH AMERICAN INSURANCE COMPANY

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DATED: July 9, 2015

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SINNOTT PUEBLA CAMPAIGN & CURET,
APLC

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By:

/s/ Randy M. Marmor (Auth. on 7/9/15)
Randy M. Marmor
Attorneys for Defendant,
ZURICH AMERICAN INSURANCE COMPANY

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DATED: July 9, 2015

THE AGULIERA LAW GROUP, APLC

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By:

Kimberly R. Arnal
A. ERIC AGUILERA
KIMBERLY R. ARNAL
Attorneys for Plaintiff,
ST. PAUL MERCURY INSURANCE GROUP

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Chen

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ard M.

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Judge E

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PURSUANT TO STIPULATION, IT IS SO ORDERED. IST
RIC
SD
TC
July 10, 2015
TE
A
T
DATED: _______________
_____________________________
Honorable Edward M. Chen
DERED
SO OR
IT IS

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S

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[PROPOSED] ORDER

UNIT
ED

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N

F
D IS T IC T O
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CASE NO. C-13-01082-EMC
STIPULATION TO VOLUNTARILY DISMISS DEFENDANT ZURICH AMERICAN INSURANCE COMPANY

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PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
I am employed in the County of Los Angeles, State of California. I am over the age
of 18 and not a party to the within action; my business address is 444 S. Flower St.,
Ste. 2300, Los Angeles, California 90071. On July 9, 2014, I served the documents
named below on the parties in this action as follows:
DOCUMENT(S) SERVED:

STIPULATION TO VOLUNTARILY DISMISS
DEFENDANT ZURICH AMERICAN
INSURANCE COMPANY; [PROPOSED]
ORDER

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BY U.S. MAIL
*I deposited such envelope in the mail at Los Angeles, California. The envelope
was mailed with postage thereon fully prepaid.
As follows: I am "readily familiar" with the firm's practice of collection and
processing correspondence for mailing. Under the practice it would be deposited with
U.S. postal service on that same day with postage thereon fully prepaid at Los
Angeles, California in the ordinary course of business. I am aware that on motion of
the party served, service is presumed invalid if postal cancellation date or postage
date is more than 1 day after date of deposit for mailing in affidavit.
BY ELECTRONIC SERVICE VIA ECF I transmitted a true copy of the above
entitled document(s) to CM/ECF for filing and service on all parties.
(State) I declare under penalty of perjury under the laws of the State of California
that the above is true and correct.
(Federal) I declare that I am employed in the office of a member of the bar of this
court at whose direction the service was made.

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Executed on July 9, 2015 at Los Angeles, California.

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____ /s/ Judy Jaramillo _______________
Judy Jaramillo

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CASE NO. C-13-01082-EMC
STIPULATION TO VOLUNTARILY DISMISS DEFENDANT ZURICH AMERICAN INSURANCE COMPANY