First American Specialty Insurance Company v. Ford Motor Company et al

Filing 45

Order by Hon. William Alsup granting #44 Plaintiff's Motion to Voluntarily Dismiss Ford Motor Company.(whalc1, COURT STAFF) (Filed on 7/31/2017)

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(SBN : 81902)
LAW OFFICES OF EDWARD W. HESS, JR.
601 North Parkcenter Drive, Suite 107-108
Santa Ana, California 92705
Tel: (714) -508-1400
Fax: [phone]

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Attorney for: Plaintiff First American Specialty Insurance Company

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UNTIED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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FIRST AMERICAN SPECIALTY
INSURANCE COMPANY,

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Plaintiff,

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vs.

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REQUEST FOR DISMISSAL OF
DEFENDANT FORD MOTOR COMPANY

FORD MOTOR COMPANY; CARMAX
AUTO SUPERSTORES CALIFORNIA,
LLC; CARMAX AUTO SUPERSTORES
WEST COAST, INC. and
DOES 1 - 30, Inclusive.,

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Case No. 3:16-cv-5951-WHA

F.R.C.P . 41(a)(2)

Defendants.

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TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
Plaintiff First American Specialty Insurance Company ("First American") requests
that the court enter an Order of Dismissal With Prejudice as to Defendant Ford Motor
Company . this request is made with reference to the following facts :

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1.

At court-ordered mediation First American and Ford reached a mutually

agreeable settlement;

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REQUEST FOR DISMISSAL OF DEFENDANT FORD MOTOR COMPANY

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Case No. 3:16-cv-5951-WHA

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will dismiss Ford as a Defendant with prej udice;
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3.

The settlement between First American and Ford was determined by this

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court to be in Good Faith within the meaning of California Civil Code Section

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877.6(A)(1 );

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4.

Counsel for Defendants Carmax Auto superstores California LLC and

Carmax Auto Superstores West Coast, Inc. will not execute a stipulation to the
dismissal of Ford.

Dated : July 24, 2017

Respectfully submitted

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/s/

Edward W . Hess. Jr.

Edward W . Hess, Jr.
Attorney for Plaintiff
First American Specialty Insurance Company

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REQUEST FOR DISMISSAL OF DEFENDANT FORD MOTOR COMPANY

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Case No. 3:16-cv-5951-WHA

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Jr.· (SBN: 81902)
LAW OFFICES OF EDWARD W. HESS, JR.
601 North Parkcenter Drive, Suite 107.:108
Santa Ana, California 92705
Tel: [phone]
Fax: [phone]

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Attorney for: Plaintiff First American Specialty Insurance Company

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UNTIED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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FIRST AMERICAN SPECIALTY
INSURAN~E COMPANY,

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Plaintiff,

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vs.

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Case No. 3:16-cv-5951-WHA
fPROPOSEDl ORDER DISMISSING
DEFENDANT FORD MOTOR COMPANY

FORD MOTOR COMPANY; CARMAX
AUTO SUPERSTORES CALIFORN IA,
LLC; CARMAX AUTO SUPERSTORES
WEST COAST, INC. and
DOES 1 - 30, Inclusive.,

F.R.C.P. 41(a)(2)

Defendants.

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ORDER

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The Request for Dismissal of Defendant Ford Motor Company submitted by

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Plaintiff First American Specialty insurance Company has been received and

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considered by the Court and good and legal cause appearing:

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IT IS HEREBY ORDERED that this action is DISMISSED WITH PREJUDICE as to

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Defendant Ford Motor Company, only.

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[ PROPOSED] ORDER DISMISSING DEFENDANT FORD MOTOR COMPANY

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Case No . 3:16-cv-5951-WHA

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SO

ORDERED

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Dated: July 31, 2017.
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Honorable William Alsup
JUDGE OF THE UNITED STATES DISTRICT COURT

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[ PROPOSED] ORDER DISMISSING DEFENDANT FORD MOTOR COMPANY

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Case No. 3:16-cv-5951-WHA

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