City of Half Moon Bay v. Great American Insurance Company et al

Filing 50

STIPULATION AND ORDER RE 47 Re: Dismissal of All Claims Against Great American Insurance Company, Great American Insurance Company of New York and Great American Insurance Group and Dismissal of All Related Counterclaims. Signed by Judge Richard Seeborg on 10/4/16. (cl, COURT STAFF) (Filed on 10/4/2016)

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William J. Baron (SBN 111288)
Colleen A. Cassidy (SBN 148357)
Amanda Graham (SBN 330396)
DUANE MORRIS LLP
Spear Tower
One Market Plaza, Suite 2200
San Francisco, CA 94105-1127
Telephone: [phone]
Fax: [phone]
E-mail:[e-mail]
[e-mail]
[e-mail]

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Attorneys for Defendants and Counterclaimants
GREAT AMERICAN INSURANCE
COMPANY, GREAT AMERICAN INSURANCE
COMPANY OF NEW YORK, and Defendant GREAT
AMERICAN INSURANCE GROUP

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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THE CITY OF HALF MOON BAY,
Plaintiff,

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v.
GREAT AMERICAN INSURANCE
COMPANY, GREAT AMERICAN
INSURANCE GROUP, AMERICAN
NATIONAL FIRE INSURANCE COMPANY,
THE HARTFORD FINANCIAL SERVICES
GROUP, INC., TWIN CITY FIRE
INSURANCE COMPANY, and DOES 1-50.,
Defendant.

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Case No.: 3:15-cv-04500-RS
STIPULATION AND [PROPOSED]
ORDER RE: DISMISSAL OF ALL
CLAIMS AGAINST GREAT
AMERICAN INSURANCE COMPANY,
GREAT AMERICAN INSURANCE
COMPANY OF NEW YORK AND
GREAT AMERICAN INSURANCE
GROUP AND DISMISSAL OF
ALL RELATED COUNTERCLAIMS
Judge:
The Hon. Richard Seeborg
Complaint Filed: July 2, 2015

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AND RELATED COUNTERCLAIM
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IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff and Counter-

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defendant City of Half Moon Bay (the “City”) and Defendants and Counterclaimants Great

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American Insurance Company and Great American Insurance Company of New York (formerly

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known as American National Fire Insurance Company) (collectively, “Great American”), by and

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through their attorneys of record, as follows:
CASE NO.: 3:15-CV-04500-RS

STIPULATION AND [PROPOSED] ORDER RE: DISMISSAL OF ALL CLAIMS
AGAINST GREAT AMERICAN AND RELATED COUNTERCLAIMS
DM1\7214846.1

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1.

The City’s complaint in this case (the “Complaint”) names “Great American

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Insurance Group” as a defendant. Great American contends that is a misnomer, as “Great American

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Insurance Group” is a fictitious name that is used to refer to certain affiliated insurance companies,

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and that “Great American Insurance Group” is not an entity and does not transact business. The City

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does not stipulate to Great American’s contentions set out in this Paragraph 1, but nevertheless

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agrees to dismiss all claims pled in its Complaint against “Great American Insurance Group” on the

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same terms set out in Paragraph 2 with respect to Great American Insurance Company and Great

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American Insurance Company of New York.

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2.

The City agrees to DISMISS WITHOUT PREJUDICE all claims pled in its

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Complaint against Great American Insurance Company and Great American Insurance Company of

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New York (previously collectively defined as “Great American”). Accordingly, the City has no

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remaining claims against Great American in this action.

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3.

With respect to the claims pled in Great American’s counterclaim, Great American

agrees to DISMISS WITHOUT PREJUDICE its counterclaims against the City.
4.

The City and Great American agree that each of them shall bear their own fees and

costs of suit.
IT IS SO STIPULATED
Dated: _September 30, 2016

DUANE MORRIS LLP

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By:

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Dated: _ September 30, 2016

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GIBBONS & CONLEY
By:

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/s/William J. Baron
William J. Baron (SBN 111288)
Colleen A. Cassidy (SBN 148357)
Amanda Graham (SBN 303396)
Attorneys for Defendants and Counterclaimants
GREAT AMERICAN INSURANCE
COMPANY, GREAT AMERICAN INSURANCE
COMPANY OF NEW YORK, and GREAT
AMERICAN INSURANCE GROUP

/s/ Peter A. Urhausen
A. Byrne Conley, Esq.
Peter A. Urhausen, Esq.
Attorneys for Plaintiff and Counterdefendant
CITY OF HALF MOON BAYCASE NO.: 3:15-CV-04500-RS
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STIPULATION AND [PROPOSED] ORDER RE: DISMISSAL OF ALL CLAIMS
AGAINST GREAT AMERICAN AND RELATED COUNTERCLAIMS
DM1\7214846.1

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ATTESTATION: Pursuant to Civil L.R. 5-1(i)(3), the filer attests that concurrence in the filing of

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this document has been obtained from each of the other signatories thereto.

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CASE NO.: 3:15-CV-04500-RS

STIPULATION AND [PROPOSED] ORDER RE: DISMISSAL OF ALL CLAIMS
AGAINST GREAT AMERICAN AND RELATED COUNTERCLAIMS
DM1\7214846.1

[PROPOSED] ORDER

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Having considered the above Stipulation regarding the agreement between the parties and

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finding good cause, the Court hereby adopts the terms of the Stipulation as the order of this Court.

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All claims alleged in this action by the plaintiff City of Half Moon Bay against defendants Great

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American Insurance Company, Great American Insurance Company of New York (formerly known

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as American National Fire Insurance Company), and Great American Insurance Group, as well as all

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related counterclaims, are dismissed according to the terms set out in the Stipulation. Specifically:

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All claims pled in the City’s Complaint against Great American Insurance Company, Great

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American Insurance Company of New York, and Great American Insurance Group are

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DISMISSED WITHOUT PREJUDICE. Accordingly, the City has no remaining claims against

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Great American in this action.

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The claims pled in the Counterclaim filed by Great American Insurance Company and Great
American Insurance Company of New York are DISMISSED WITHOUT PREJUDICE.
As between the City, Great American Insurance Company, Great American Insurance

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Company of New York, and Great American Insurance Group, each party shall bear its own

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attorneys’ fees and costs of suit.

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IT IS SO ORDERED.

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Dated: _______________________
10/4/16

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____________________________________
THE HONORABLE RICHARD SEEBORG
JUDGE OF THE U.S. DISTRICT COURT

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CASE NO.: 3:15-CV-04500-RS

STIPULATION AND [PROPOSED] ORDER RE: DISMISSAL OF ALL CLAIMS
AGAINST GREAT AMERICAN AND RELATED COUNTERCLAIMS
DM1\7214846.1