St. Paul Fire & Marine Insurance Company v. American Safety Indemnity Company et al

Filing 152

ORDER by Judge Haywood S. Gilliam, Jr. DISMISSING DEFENDANT NATIONAL FIRE & MARINE INSURANCE COMPANY UNDER FRCPRULE 41(A)(2). ( 151 Stipulation Terminated). (ndrS, COURT STAFF) (Filed on 3/25/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ST. PAUL FIRE & MARINE INSURANCE
COMPANY,
Plaintiff,

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Case No. 13-cv-02047-HSG

v.
EVEREST NATIONAL INSURANCE
COMPANY, et al.,

ORDER DISMISSING DEFENDANT
NATIONAL FIRE & MARINE
INSURANCE COMPANY UNDER
FRCPRULE 41(A)(2)
Re: Dkt. No. 151

United States District Court
Northern District of California

Defendants.
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On March 24, 2015, Plaintiff St. Paul Fire & Marine Insurance Company (“St. Paul”) and

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Defendant National Fire & Marine Insurance Company (“National Fire & Marine”) notified the

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Court that they had reached a settlement in the above-captioned action and requested permission

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for St. Paul to dismiss National Fire & Marine without prejudice pursuant to FRCP 41(a)(1). See

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Dkt. No. 151.

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However, because National Fire & Marine has answered the complaint, see Dkt. No. 20,

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and not all parties appearing in this action have stipulated to National Fire & Marine’s dismissal,

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see Dkt. No. 151, the parties’ request is more appropriately considered under FRCP 41(a)(2).

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Good cause appearing, National Fire & Marine is hereby dismissed without prejudice from the

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above-captioned action pursuant to FRCP 41(a)(2). Each party will bear its own costs.

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IT IS SO ORDERED.
Dated: March 25, 2015

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________________________
HAYWOOD S. GILLIAM, JR.
United States District Judge