Villalpando v. Transguard Insurance Company of America

Filing 61

STIPULATION AND ORDER OF DISMISSAL. Signed by Judge Samuel Conti on 08/26/2014. (tmi, COURT STAFF) (Filed on 8/26/2014)

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GUY O. KORNBLUM (39974)
KAITLYN G. JOHNSON (286738)
KORBLUM, COCHRAN, ERICKSON
& HARBISON, LLP
1388 Sutter St., Suite 820
San Francisco, CA 94109
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
DANIEL DIAZ VILLALPANDO

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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)
) Case No. 3:13-cv-04028-SC
)
Plaintiff,
) STIPULATION OF DISMISSAL AND
) [PROPOSED] ORDER
v.
)
)
)
TRANSGUARD INSURANCE COMPANY OF )
)
AMERICA, and EXEL DIRECT INC.,
)
)
Defendants.
)
________________________________________ )
DANIEL DIAZ VILLALPANDO,

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Plaintiff Daniel Diaz Villalpando and Defendants Exel Direct, Inc. and Transguard Insurance
Company of America, through their respective counsel, hereby submit the following Stipulation of
Dismissal and Proposed Order.

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WHEREAS on October 30, 2013, Plaintiff Daniel Diaz Villalpando (“Plaintiff”) filed a First
Amended Complaint for Damages for Breach of Insurance Contract, Declaratory Relief, Breach of the
Covenant of Good Faith and Fair Dealing, Intentional Misrepresentation and Concealment, and
Stipulation of Dismissal and [Proposed] Order

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Negligent Misrepresentation against Defendants TRANSGUARD INSURANCE COMPANY OF

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AMERICA (“Transguard”) and EXEL DIRECT, INC (“Exel”);

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WHEREAS Plaintiff, on the one hand, and Defendants Transguard and Exel, on the other hand,
settled this matter on or about July 17, 2014;
THEREFORE, IT IS HEREBY STIPULATED, by and between Plaintiff and Defendants, by
and through their respective counsel, that the above-captioned action shall be dismissed with prejudice
pursuant to FRCP 41(a)(1)(A)(ii). The parties further stipulate that the parties shall bear their own
attorney’s fees, expenses and costs.

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KORNBLUM, COCHRAN, ERICKSON
& HARBISON, LLP

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DATED: August 25, 2014

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By____s/ Kaitlyn G. Johnson_______
Kaitlyn G. Johnson
Attorneys for Plaintiff

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BULLIVANT HOUSER BAILEY PC

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DATED: August 25, 2014

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By___s/ Ronald Richman _______
Ronald Richman
Attorneys for Defendant EXEL DIRECT INC.

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ALLEN, GLAESSNER, HAZELWOOD
& WERTH, LLP

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DATED: August 25, 2014

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By___s/ Mark Hazelwood _______
Mark Hazelwood
Attorneys for Defendant TRANSGUARD
INSURANCE CO. OF AMERICA

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Stipulation of Dismissal and [Proposed] Order

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ORDER

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The Court having reviewed the foregoing Stipulation, and good cause appearing therefor:

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IT IS HEREBY ORDERED THAT the action is dismissed with prejudice as against

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Defendants Exel Direct, Inc. and Transguard Insurance Company of America pursuant to FRCP

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41(a)(1)(A)(ii).
PURSUANT TO THE STIPULATION, IT IS SO ORDERED.

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UNIT
ED

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08/26/2014
DATED: ______________________

RT
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onti

amuel C

Judge S

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R NIA

________________________________
THE HONORABLE SAMUEL CONTI
Senior Judge, United States District Court

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Stipulation of Dismissal and [Proposed] Order

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