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

Filing 158

ORDER Granting 157 STIPULATION to Dismiss Everest National Insurance Company filed by St. Paul Fire & Marine Insurance Company. Everest National Insurance Company terminated. Signed by Judge Haywood S. Gilliam, Jr. on 5/14/2015. (ndrS, COURT STAFF) (Filed on 5/14/2015)

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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, CA 92626
T: 714.384-6600 / F: 714.384.6601
[e-mail]
[e-mail]
Attorneys for Plaintiff
ST. PAUL FIRE & MARINE INSURANCE COMPANY

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA – OAKLAND DIVISION

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ST. PAUL FIRE & MARINE INSURANCE
COMPANY, a Minnesota corporation
Plaintiff,

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Case No. CV-13-2047-HSG
[Assigned to Hon. Haywood S. Gilliam, Jr. –
Courtroom 15 – 18th Floor]
STIPULATION TO DISMISS
DEFENDANT EVEREST NATIONAL
INSURANCE COMPANY UNDER FRCP
RULE 41(a)(1); ORDER

v.
AMERICAN SAFETY INDEMNITY
COMPANY, an Oklahoma corporation;
ARCH SPECIALTY INSURANCE
COMPANY, a Nebraska corporation;
EVEREST NATIONAL INSURANCE
COMPANY, a Delaware corporation; FIRST
SPECIALTY INSURANCE
CORPORATION, a Missouri corporation;
LEXINGTON INSURANCE COMPANY, a
Delaware corporation; NATIONAL FIRE
INSURANCE COMPANY OF HARTFORD,
an Illinois corporation; NATIONAL FIRE &
MARINE INSURANCE COMPANY, a
Nebraska corporation; NATIONAL UNION
FIRE INSURANCE COMPANY OF
PITTSBURGH, PA, a Pennsylvania
corporation; NAUTILUS INSURANCE
COMPANY, an Arizona corporation;
SCOTTSDALE INSURANCE COMPANY,
an Ohio corporation; STRS OHIO CA REAL
ESTATE INVESTMENT I, LLC, a Delaware
Limited Liability Company; THE
OVERLOOK AT SANTA ROSA, LLC, a
Delaware Limited Liability Company; TRP1

CASE NO. CV-13-2047-HSG
STIPULATION TO DISMISS DEFENDANT EVEREST NATIONAL INSURANCE CO.

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SANTA ROSA-102-OVERLOOK, LLC, a
California Limited liability Company;
ZURICH AMERICAN INSURANCE
COMPANY, A New York Corporation; and
DOES 1 through 10 inclusive,
Defendants.

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WHEREAS, Plaintiff St. Paul Fire & Marine Insurance Company (“St. Paul”) and
Defendant Everest National Insurance Company (“Everest”) have reached a settlement;
WHEREAS, Plaintiff St. Paul wishes to dismiss, without prejudice, Defendant Everest;

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IT IS HEREBY STIPULATED AND AGREED BY AND BETWEEN Plaintiff St. Paul

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and Defendant Everest, that Everest be and is hereby dismissed without prejudice from the above-

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entitled action pursuant to FRCP 41(a)(1).

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Both Plaintiff St. Paul and Defendant Everest further agree to waive any claim for costs they
might have against each other associated with the present action.

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Dated: May 13, 2015

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/s/ Kimberly R. Arnal
A. Eric Aguilera, Esq.
Kimberly R. Arnal, Esq.
Counsel for Plaintiff St. Paul Fire & Marine
Insurance Company

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AGUILERA LAW GROUP APLC

Dated: May 13, 2015

SELMAN BREITMAN LLP
/s/ Joshua S. Leach (Authorized on 5/13/15)___
Joshua S. Leach, Esq.
Counsel for Defendant Everest National
Insurance Company

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CASE NO. CV-13-2047-HSG
STIPULATION TO DISMISS DEFENDANT EVEREST NATIONAL INSURANCE CO.

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ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.

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DATED: May 14, 2015

_____________________________
Honorable Haywood S. Gilliam, Jr.

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CASE NO. CV-13-2047-HSG
STIPULATION TO DISMISS DEFENDANT EVEREST NATIONAL INSURANCE CO.

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PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
I am employed in the City of Los Angeles, County of Los Angeles in the State of California.
I am over the age of 18 and am not a party to the within action. My business address is 444 South
Flower Street, Suite 2300, Los Angeles, California 90071. On May 13, 2015, I served the
documents named below on the parties in this action as follows:
DOCUMENT(S) SERVED: STIPULATION TO DISMISS DEFENDANT EVEREST
NATIONAL INSURANCE COMPANY UNDER FRCP RULE
41(a)(1); [PROPOSED] ORDER

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(BY MAIL) I confirm that each such envelope, with postage thereon fully prepaid, has been
or will be placed in the United States mail at Los Angeles, California. I am readily familiar
with the practice of The Aguilera Law Group, APLC, for collection and processing of
correspondence and/or documents for mailing, said practice being that in the ordinary
course of business, mail is deposited in the United States Postal Service the same day as it is
placed for collection. I am aware that on motion of the party served, service is presumed
invalid if postal cancellation date or postage meter date is more than one day after date of
deposit for mailing in affidavit.
(BY OVERNIGHT DELIVERY) I am readily familiar with the practice of the Aguilera
Law Group, APLC, for the collection and processing of correspondence for overnight
delivery and known that the document(s) described herein have been or will be deposited in
a box or other facility regularly maintained by Federal Express for overnight delivery. A
confirmation of which is available upon request.
(BY ELECTRONIC FILING WITH THE U.S. DISTRICT COURT) I certify that I
electronically transmitted the attached document to the United States District Court and/or
the US District Clerk’s Office using the ECF System for filing and transmittal of a Notice of
Electronic Filing to the ECF registrants/recipients registered with the United States District
Court according to Federal District Court Rules requirements.

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(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 this service was made.

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Executed on May 13, 2015, at Los Angeles, California.
/s/ Judy Jaramillo
Judy Jaramillo

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CASE NO. CV-13-2047-HSG
STIPULATION TO DISMISS DEFENDANT EVEREST NATIONAL INSURANCE CO.