Continental Casualty Company v. Recology Inc.
Filing
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ORDER DISMISSING CASE. Signed by Judge Susan Illston on 7/26/16. (tfS, COURT STAFF) (Filed on 7/27/2016)
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Nicholas P. Roxborough, Esq. (SBN 113540)
npr@rpnalaw.com
Burton E. Falk, Esq. (SBN 100644)
bef@rpnalaw.com
ROXBOROUGH, POMERANCE, NYE & ADREANI, LLP
5820 Canoga Ave., Ste. 250
Woodland Hills, CA91367
Tel: (818) 992-9999
Fax: (818) 992-9991
Attorneys for Defendant and Third-Party Plaintiff
RECOLOGY, INC., f/k/a NORCAL WASTE SYSTEMS, INC.
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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)
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Plaintiff,
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vs.
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RECOLOGY, INC., f/k/a NORCAL
WASTE SYSTEMS, INC., a California )
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corporation,
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Defendant.
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RECOLOGY, INC., f/k/a NORCAL
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WASTE SYSTEMS, INC., a California )
corporation,
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Third-Party Plaintiff,
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vs.
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FLEMING & ASSOCIATES, a business )
entity of unknown form, a/k/a ED
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FLEMING COMPANY, a California
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corporation; SPECIALTY RISK
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SERVICES, LLC, a Delaware
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limited liability company; JT2
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INTEGRATED RESOURCES, a
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California corporation; and
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DOES 1 through 50, inclusive.
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Third-Party Defendants. )
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CONTINENTAL CASUALTY
COMPANY, an Illinois corporation,
CASE NO. 3:15-cv-03969-SI
Complaint filed on August 31, 2015
JOINT REQUEST FOR
DISMISSAL WITH PREJUDICE
OF ENTIRE ACTION;
[PROPOSED] ORDER
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JOINT REQUEST FOR DISMISSAL WITH PREJUDICE OF ENTIRE ACTION;
[PROPOSED] ORDER
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JT2 INTEGRATED RESOURCES, a
California corporation,
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Counter-Claimant,
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vs.
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RECOLOGY, INC., f/k/a NORCAL
WASTE SYSTEMS, INC., a California )
corporation; FLEMING & ASSOCIATES, )
a business entity of unknown form, a/k/a )
ED FLEMING COMPANY, a California )
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corporation; SPECIALTY RISK
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SERVICES, LLC, a Delaware limited
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liability company,
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Counter-Defendants.
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ED FLEMING COMPANY, a California )
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corporation,
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Counter-Claimant,
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vs.
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RECOLOGY, INC., f/k/a NORCAL
WASTE SYSTEMS, INC., a California )
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corporation; SPECIALTY RISK
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SERVICES, LLC, a Delaware limited
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liability company; JT2 INTEGRATED
RESOURCES, a California corporation, )
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Counter-Defendants.
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WHEREAS, on August 31, 2015, plaintiff Continental Casualty Company filed
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its Complaint against Recology, Inc. fka Norcal Waste Systems, Inc. (“Recology”)
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(Docket #1), and its First Amended Complaint on November 9, 2015 (Docket #25).
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WHEREAS, on November 30, 2015, defendant Recology filed its Third-Party
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Complaint against Fleming & Associates a/k/a Ed Fleming Company (“Fleming”),
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Specialty Risk Services, LLC (“SRS”), and JT2 Integrated Resources (“JT2”) (Docket
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#31).
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WHEREAS, on December 18, 2015, third-party defendant JT2 filed its
Counter-Claim against Recology, Fleming, and SRS (Docket #42-1).
WHEREAS, on January 15, 2016, third-party defendant Fleming filed its
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JOINT REQUEST FOR DISMISSAL WITH PREJUDICE OF ENTIRE ACTION;
[PROPOSED] ORDER
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Counter-Claim and Cross-Claim against Recology, SRS, and JT2 (Docket #58-1).
NOW THEREFORE, all parties hereby agree to dismiss with prejudice each of
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their respective First Amended Complaint, Third-Party Complaint, Counter-Claims
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and/or Cross-Claims, and thereby dismiss the entire action. All parties to bear their
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own respective attorneys’ fees and costs.
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Dated: July 25, 2016
CARROLL, BURDICK & McDONOUGH LLP
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By
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/s/ Geoffrey David Godwin
G. David Godwin
Attorneys for
CONTINENTAL CASUALTY COMPANY
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Dated: July 25, 2016
ROXBOROUGH, POMERANCE, NYE
& ADREANI, LLP
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By
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Dated: July 25, 2016
/s/ Burton E. Falk
Burton E. Falk
Attorneys for
RECOLOGY, INC. f/k/a NORCAL WASTE
SYSTEMS, INC.
KRAFCHAK AND LINCH
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By
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/s/ Kenderton Smith Lynch
Kenderton Smith Lynch
Attorneys for
FLEMING & ASSOCIATES a/k/a ED
FLEMING COMPANY
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///
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JOINT REQUEST FOR DISMISSAL WITH PREJUDICE OF ENTIRE ACTION;
[PROPOSED] ORDER
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Dated: July 25, 2016
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MELINDA GUZMAN PROFESSIONAL
CORPORATION
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By
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Dated: July 25, 2016
/s/ Melinda Moore
Melinda Moore
Attorneys for
JT2 INTEGRATED SERVICES
SHEPPARD, MULLIN, RICHTER &
HAMPTON LLP
By
/s/ Justine Mary Casey
Justine Mary Casey
Attorneys for
SPECIALTY RISK SERVICES, LLC
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JOINT REQUEST FOR DISMISSAL WITH PREJUDICE OF ENTIRE ACTION;
[PROPOSED] ORDER
[PROPOSED] ORDER
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Pursuant to the Stipulation of the parties, the above-entitled case is hereby
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dismissed in its entirety with prejudice. All parties will bear their own respective
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attorneys’ fees and costs.
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IT IS SO ORDERED.
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DATED: 7/26/16
____________________________________
The Honorable Susan Illston
United States District Judge
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JOINT REQUEST FOR DISMISSAL WITH PREJUDICE OF ENTIRE ACTION;
[PROPOSED] ORDER
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