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

Filing 89

STIPULATION AND ORDER re 86 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)

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1 James A. Lassart - 40913 JLassart@mpbf.com 2 Nicholas Larson - 275870 NLarson@mpbf.com 3 MURPHY, PEARSON, BRADLEY & FEENEY 88 Kearny Street, 10th Floor 4 San Francisco, CA 94108-5530 Telephone: (415) 788-1900 5 Facsimile: (415) 393-8087 6 Attorneys for Defendant and Counter-Claimant UNITED SPECIALTY INSURANCE COMPANY 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 NAUTILUS INSURANCE COMPANY, an 12 Arizona corporation, Case No.: 17-cv-00101-JCS JST 13 STIPULATION OF DISMISSAL AND [PROPOSED] ORDER 14 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, 18 Defendants. 19 AND RELATED CROSS-ACTIONS 20 21 22 23 24 25 26 27 28 -1STIPULATION OF DISMISSAL AND [PROPOSED] ORDER CASE NO. 17-CV-00101-JCS JST 1 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; 4 WHEREAS, Defendant UNITED SPECIALTY INSURANCE COMPANY, a Delaware 5 corporation, (“United”) filed a counterclaim against Nautilus for Declaratory Relief and damages, on 6 April 20, 2017. 7 WHEREAS, Nautilus and United settled this matter on or about April 3, 2018 and each party 8 agreed to cover their own fees and costs; 9 THEREFORE, IT IS HEREBY STIPULATED by and between Nautilus and United 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). 12 13 14 IT IS SO STIPULATED. Dated: April 10, 2018 15 SELMAN BREITMAN LLP By: /s/ NATHANIEL BRAUN Nathaniel Braun Attorneys for Plaintiff and Counter-Defendant Nautilus Insurance Company 16 17 18 19 20 Dated: April 10, 2018 21 22 23 24 MURPHY PEARSON BRADLEY & FEENEY By: /s/ JAMES A. LASSART James A. Lassart Nicholas C. Larson Attorneys for Defendant and Counter-Claimant United Specialty Insurance Company 25 26 27 28 -2STIPULATION OF DISMISSAL AND [PROPOSED] ORDER CASE NO. 17-CV-00101-JCS JST 1 The Court having considered the stipulation of the parties, and good cause appearing therefor, orders 2 as follows: 3 1. The action is dismissed with prejudice as against Defendant and Cross-Defendant pursuant to 4 FRCP 41(a)(2). 5 2. Each party shall bear their own costs and attorneys’ fees. 6 3. The Court shall retain jurisdiction over this matter to enforce the terms of the April 3, 2018, 7 Settlement Agreement. 8 9 IT IS SO ORDERED. 10 11 12 April 10, 2018 Dated: __________________ _____________________________ Honorable Jon S. Tigar United States Magistrate District Judge Northern District of California 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- STIPULATION OF DISMISSAL AND [PROPOSED] ORDER CASE NO. 17-CV-00101-JCS JST

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