Braden Partners, LP et al v. Twin City Fire Insurance Company

Filing 183

STIPULATION AND ORDER re 182 STIPULATION WITH PROPOSED ORDER filed by Teijin Pharma USA, LLC, Braden Partners, LP. Signed by Judge Jon S. Tigar on April 26, 2017. (wsn, COURT STAFF) (Filed on 4/26/2017)

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DARREN S. TESHIMA (STATE BAR NO. 238875)
[e-mail]
HARRY J. MOREN (STATE BAR NO. 284311)
[e-mail]
ORRICK, HERRINGTON & SUTCLIFFE LLP
The Orrick Building
405 Howard Street
San Francisco, California 94105-2669
Telephone:
415-773-5700
Facsimile:
415-773-5759

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Attorneys for Plaintiffs
BRADEN PARTNERS, LP and TEIJIN PHARMA USA, LLC
MICHAEL D. MULVANEY (pro hac vice)
[e-mail]
CHRISTOPHER C. FROST (pro hac vice)
[e-mail]
JOHN A. LITTLE, JR. (pro hac vice)
[e-mail]
ALEXANDRA V. DRURY (SBN 291920)
[e-mail]
MAYNARD, COOPER AND GALE, LLP
600 Montgomery Street, Suite 2600
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
TWIN CITY FIRE INSURANCE COMPANY

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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BRADEN PARTNERS, LP, d/b/a PACIFIC
PULMONARY SERVICES, a California limited
partnership, and TEIJIN PHARMA USA, LLC,
d/b/a PACIFIC PULMONARY SERVICES, a
Delaware limited liability company;

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STIPULATION FOR VOLUNTARY
DISMISSAL WITH PREJUDICE

Plaintiffs,

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Case No. 14-cv-01689-JST

v.
TWIN CITY FIRE INSURANCE COMPANY,
a Connecticut corporation;

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Defendant.
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STIPULATION FOR VOLUNTARY DISMISSAL
CASE NO. 14-CV-01689-JST

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TO THE COURT, ALL PARTIES, AND THEIR COUNSEL OF RECORD:

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Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) and Civil Local Rule 7-12,

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Plaintiffs Braden Partners, LP, and Teijin Pharma USA, LLC (together, “Pacific Pulmonary

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Services”) on the one hand, and Defendant Twin City Fire Insurance Company (“Twin City”) on

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the other hand, by and through their respective undersigned counsel of record, hereby stipulate as

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follows:

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RECITALS

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WHEREAS, on April 11, 2014, Pacific Pulmonary Services initiated the above-captioned
coverage action against Twin City regarding Twin City’s coverage obligations related to certain
underlying claims, ECF No. 1, and amended its complaint on August 28, 2015, ECF No. 103;

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WHEREAS, on December 20, 2016, the Court issued an order regarding the parties’
cross-motions for partial summary judgment, ECF No. 169;

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WHEREAS, in January 2017, Twin City noticed an appeal of the Court’s December 20,
2016 order to the U.S. Court of Appeals for the Ninth Circuit, No. 17-15136; and

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WHEREAS, on April 13, 2017, Pacific Pulmonary Services and Twin City entered into a

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settlement agreement resolving Pacific Pulmonary Services’ claims in this coverage action and

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Twin City’s coverage appeal;

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IT IS HEREBY STIPULATED AND AGREED

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by and between Pacific Pulmonary Services and Twin City pursuant to Federal Rule of

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Civil Procedure 41(a)(1)(A)(ii) that this action shall be dismissed with prejudice with each party

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bearing its own attorneys’ fees, costs and expenses.

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STIPULATION FOR VOLUNTARY DISMISSAL
CASE NO. 14-CV-01689-JST

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Respectfully submitted,
Dated: April 25, 2017

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MAYNARD, COOPER & GALE, LLP
By:

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/s/ Christopher C. Frost
CHRISTOPHER C. FROST
Attorneys for Defendant
TWIN CITY FIRE INSURANCE COMPANY

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Dated: April 25, 2017

ORRICK, HERRINGTON & SUTCLIFFE LLP
By:

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/s/ Darren S. Teshima
DARREN S. TESHIMA
Attorneys for Plaintiffs
BRADEN PARTNERS, LP and
TEIJIN PHARMA USA, LLC

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The filer of this document attests that concurrence in the filing has been obtained from the
other signatory, Christopher C. Frost of Maynard, Cooper & Gale, LLC.

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ORRICK, HERRINGTON & SUTCLIFFE LLP

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By:

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/s/ Darren S. Teshima
DARREN S. TESHIMA
Attorneys for Plaintiffs
BRADEN PARTNERS, LP and
TEIJIN PHARMA USA, LLC

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[PROPOSED] ORDER

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PURSUANT TO STIPULATION, the Court hereby dismisses this action with prejudice.

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IT IS SO ORDERED.

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Dated: April 26, 2017

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JON S. TIGAR
United States District Judge

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STIPULATION FOR VOLUNTARY DISMISSAL
CASE NO. 14-CV-01689-JST