Nautilus Insurance Company v. Sidecar Technologies, Inc., et al

Filing 88

STIPULATION AND ORDER re 87 STIPULATION WITH PROPOSED ORDER of dismissal filed by United Specialty Insurance Company. Signed by Judge Jon S. Tigar on April 10, 2018. (wsn, COURT STAFF) (Filed on 4/10/2018)

1 James A. Lassart - 40913
[e-mail]
2 Nicholas Larson - 275870
[e-mail]
3 MURPHY, PEARSON, BRADLEY & FEENEY
88 Kearny Street, 10th Floor
4 San Francisco, CA 94108-5530
Telephone:
[phone]
5 Facsimile:
[phone]
6 Attorneys for Defendant
UNITED SPECIALTY INSURANCE COMPANY
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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NAUTILUS INSURANCE COMPANY, an
12 Arizona corporation,

Case No.: 17-cv-00101-JCS

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STIPULATION OF DISMISSAL AND
[PROPOSED] ORDER

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Plaintiff,
v.

15 SIDECAR TECHNOLOGIES, INC., a
Delaware corporation, SIDE.CR LLC, a
16 Delaware limited liability company, UNITED
SPECIALTY INSURANCE COMPANY, a
17 Delaware corporation,
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Defendants.

19 AND RELATED CROSS-ACTIONS
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-1STIPULATION OF DISMISSAL AND [PROPOSED] ORDER

CASE NO.
17-CV-00101-JCS

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WHEREAS, Plaintiff NAUTILUS INSURANCE COMPANY, an Arizona corporation,

2 (“Nautilus”) filed its Complaint for Declaratory Relief, Reimbursement, Equitable Indemnity and
3 Equitable Subrogation, on January 9, 2017;
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WHEREAS, Cross-Complainant UNITED SPECIALTY INSURANCE COMPANY, a

5 Delaware corporation, (“United”) filed its Cross Claim for Declaratory Relief against Cross-Defendants
6 Side.cr, LLC and Sidecar Technologies, Inc. (collectively “Sidecar”) on April 20, 2017;
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WHEREAS, United and Sidecar settled this matter on or about April 3, 2018 and each party

8 agreed to cover their own fees and costs;
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THEREFORE, IT IS HEREBY STIPULATED by and between United and Sidecar through their

10 designated counsel that the above-captioned action should be dismissed with prejudice as to all parties
11 pursuant to FRCP 41(a)(2).
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IT IS SO STIPULATED.

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Dated: April 10, 2018

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GORDON-CREED, KELLEY, HOLL & SUGERMAN,
LLP
By: /s/ JEREMY SUGERMAN
Jeremy Sugerman
Attorneys for Cross-Defendants
Side.cr, LLC, and Sidecar Technologies, Inc.

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Dated: April 10, 2018

MURPHY PEARSON BRADLEY & FEENEY

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By: /s/ JAMES A. LASSART
James A. Lassart
Nicholas C. Larson
Attorneys for Defendant
United Specialty Insurance Company

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-2STIPULATION OF DISMISSAL AND [PROPOSED] ORDER

CASE NO.
17-CV-00101-JCS

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The Court having considered the stipulation of the parties, and good cause appearing therefor, orders

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1. The action is dismissed with prejudice as against cross-defendants pursuant to FRCP 41(a)(2).

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2. Each party shall bear their own costs and attorneys’ fees.

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3. The Court shall retain jurisdiction over this matter to enforce the terms of the April 3, 2018,

6 Settlement Agreement.
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IT IS SO ORDERED.

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April 10, 2018
Dated: __________________

_____________________________
Honorable Jon S. Tigar
United States Magistrate
Judge
Northern District of California

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-3-

STIPULATION OF DISMISSAL AND [PROPOSED] ORDER

CASE NO.
17-CV-00101-JCS