Continental Casualty Company v. Recology Inc.

Filing 84

ORDER DISMISSING CASE. Signed by Judge Susan Illston on 7/26/16. (tfS, COURT STAFF) (Filed on 7/27/2016)

1
2
3
4
5
6

Nicholas P. Roxborough, Esq. (SBN 113540)
[e-mail]
Burton E. Falk, Esq. (SBN 100644)
[e-mail]
ROXBOROUGH, POMERANCE, NYE & ADREANI, LLP
5820 Canoga Ave., Ste. 250
Woodland Hills, CA91367
Tel: [phone]
Fax: [phone]
Attorneys for Defendant and Third-Party Plaintiff
RECOLOGY, INC., f/k/a NORCAL WASTE SYSTEMS, INC.

7

UNITED STATES DISTRICT COURT
8

NORTHERN DISTRICT OF CALIFORNIA
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27

)
)
)
)
Plaintiff,
)
)
vs.
)
)
RECOLOGY, INC., f/k/a NORCAL
WASTE SYSTEMS, INC., a California )
)
corporation,
)
)
Defendant.
)
)
)
RECOLOGY, INC., f/k/a NORCAL
)
WASTE SYSTEMS, INC., a California )
corporation,
)
)
Third-Party Plaintiff,
)
)
vs.
)
)
FLEMING & ASSOCIATES, a business )
entity of unknown form, a/k/a ED
)
FLEMING COMPANY, a California
)
corporation; SPECIALTY RISK
)
SERVICES, LLC, a Delaware
)
limited liability company; JT2
)
INTEGRATED RESOURCES, a
)
California corporation; and
)
DOES 1 through 50, inclusive.
)
)
Third-Party Defendants. )
)
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

28
1
JOINT REQUEST FOR DISMISSAL WITH PREJUDICE OF ENTIRE ACTION;
[PROPOSED] ORDER

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17

JT2 INTEGRATED RESOURCES, a
California corporation,

)
)
)
)
Counter-Claimant,
)
vs.
)
)
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 )
)
corporation; SPECIALTY RISK
)
SERVICES, LLC, a Delaware limited
)
liability company,
)
Counter-Defendants.
)
)
)
ED FLEMING COMPANY, a California )
)
corporation,
)
)
Counter-Claimant,
)
vs.
)
)
RECOLOGY, INC., f/k/a NORCAL
WASTE SYSTEMS, INC., a California )
)
corporation; SPECIALTY RISK
)
SERVICES, LLC, a Delaware limited
)
liability company; JT2 INTEGRATED
RESOURCES, a California corporation, )
)
)
Counter-Defendants.
)

18
19

WHEREAS, on August 31, 2015, plaintiff Continental Casualty Company filed

20

its Complaint against Recology, Inc. fka Norcal Waste Systems, Inc. (“Recology”)

21

(Docket #1), and its First Amended Complaint on November 9, 2015 (Docket #25).

22

WHEREAS, on November 30, 2015, defendant Recology filed its Third-Party

23

Complaint against Fleming & Associates a/k/a Ed Fleming Company (“Fleming”),

24

Specialty Risk Services, LLC (“SRS”), and JT2 Integrated Resources (“JT2”) (Docket

25

#31).

26
27
28

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
2
JOINT REQUEST FOR DISMISSAL WITH PREJUDICE OF ENTIRE ACTION;
[PROPOSED] ORDER

1

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

2
3

their respective First Amended Complaint, Third-Party Complaint, Counter-Claims

4

and/or Cross-Claims, and thereby dismiss the entire action. All parties to bear their

5

own respective attorneys’ fees and costs.

6
7

Dated: July 25, 2016

CARROLL, BURDICK & McDONOUGH LLP

8
9

By

10
11

/s/ Geoffrey David Godwin
G. David Godwin
Attorneys for
CONTINENTAL CASUALTY COMPANY

12
13

Dated: July 25, 2016

ROXBOROUGH, POMERANCE, NYE
& ADREANI, LLP

14
15

By

16
17
18
19

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

20
21

By

22
23
24

/s/ Kenderton Smith Lynch
Kenderton Smith Lynch
Attorneys for
FLEMING & ASSOCIATES a/k/a ED
FLEMING COMPANY

25
26

///

27
28

///
3
JOINT REQUEST FOR DISMISSAL WITH PREJUDICE OF ENTIRE ACTION;
[PROPOSED] ORDER

1

Dated: July 25, 2016

2

MELINDA GUZMAN PROFESSIONAL
CORPORATION

3

By

4
5
6
7
8
9
10
11

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

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
4
JOINT REQUEST FOR DISMISSAL WITH PREJUDICE OF ENTIRE ACTION;
[PROPOSED] ORDER

[PROPOSED] ORDER

1
2
3

Pursuant to the Stipulation of the parties, the above-entitled case is hereby

4

dismissed in its entirety with prejudice. All parties will bear their own respective

5

attorneys’ fees and costs.

6

IT IS SO ORDERED.

7
8
9

DATED: 7/26/16

____________________________________
The Honorable Susan Illston
United States District Judge

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1
JOINT REQUEST FOR DISMISSAL WITH PREJUDICE OF ENTIRE ACTION;
[PROPOSED] ORDER