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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4 (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: (714) 508-1407 5 Attorney for: Plaintiff First American Specialty Insurance Company 2 3 6 7 8 UNTIED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 FIRST AMERICAN SPECIALTY INSURANCE COMPANY, 12 Plaintiff, 13 vs. 14 15 16 17 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., 18 Case No. 3:16-cv-5951-WHA F.R.C.P . 41(a)(2) Defendants. 19 20 21 22 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 : 23 24 1. At court-ordered mediation First American and Ford reached a mutually agreeable settlement; 25 26 Page 1 27 REQUEST FOR DISMISSAL OF DEFENDANT FORD MOTOR COMPANY 28 Case No. 3:16-cv-5951-WHA 29 will dismiss Ford as a Defendant with prej udice; 3 3. The settlement between First American and Ford was determined by this 4 court to be in Good Faith within the meaning of California Civil Code Section 5 877.6(A)(1 ); 6 7 8 9 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 10 11 12 13 /s/ Edward W . Hess. Jr. Edward W . Hess, Jr. Attorney for Plaintiff First American Specialty Insurance Company 14 15 16 17 18 19 20 21 22 23 24 25 26 Page 2 27 REQUEST FOR DISMISSAL OF DEFENDANT FORD MOTOR COMPANY 28 Case No. 3:16-cv-5951-WHA 29 4 Jr.ยท (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: (714) 508-1407 5 Attorney for: Plaintiff First American Specialty Insurance Company 6 7 8 UNTIED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 FIRST AMERICAN SPECIALTY INSURAN~E COMPANY, 12 Plaintiff, 13 vs. 14 15 16 17 18 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. 19 ORDER 20 21 The Request for Dismissal of Defendant Ford Motor Company submitted by 22 Plaintiff First American Specialty insurance Company has been received and 23 considered by the Court and good and legal cause appearing: 24 IT IS HEREBY ORDERED that this action is DISMISSED WITH PREJUDICE as to 25 Defendant Ford Motor Company, only. 26 Page 1 27 [ PROPOSED] ORDER DISMISSING DEFENDANT FORD MOTOR COMPANY 28 Case No . 3:16-cv-5951-WHA 29 1 SO ORDERED 2 3 4 Dated: July 31, 2017. 5 6 Honorable William Alsup JUDGE OF THE UNITED STATES DISTRICT COURT 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Page 2 27 [ PROPOSED] ORDER DISMISSING DEFENDANT FORD MOTOR COMPANY 28 Case No. 3:16-cv-5951-WHA 29

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