Build Group, Inc et al v. National Union Fire Insurance Company of Pittsburgh, PA

Filing 27

STIPULATION AND ORDER OF DISMISSAL re 26 Stipulation filed by Build Group, Inc. Signed by Judge Edward M. Chen on 4/25/18. (bpf, COURT STAFF) (Filed on 4/25/2018)

1 HANSON BRIDGETT LLP
MILES C. HOLDEN, SBN 263342
2 [e-mail]
CANDICE P. SHIH, SBN 294251
3 [e-mail]
425 Market Street, 26th Floor
4 San Francisco, California 94105
Telephone: [phone]
5 Facsimile: [phone]
6 Attorneys for Plaintiffs BUILD GROUP,
INC. and PACIFIC STRUCTURES, INC.
7
8
9

UNITED STATES DISTRICT COURT

10

NORTHERN DISTRICT OF CALIFORNIA

11
12
13 BUILD GROUP, INC. and PACIFIC
STRUCTURES, INC.,
14
Plaintiffs,
15
v.
16
NATIONAL UNION FIRE
17 INSURANCE COMPANY OF
PITTSBURGH, PA; GREENWICH
18 INSURANCE COMPANY; and
NAVIGATORS SPECIALTY
19 INSURANCE COMPANY,
20

CASE NO. 3:18-cv-00331-EMC
STIPULATION OF DISMISSAL
WITHOUT PREJUDICE

Defendants.

21
22

Plaintiffs BUILD GROUP, INC. and PACIFIC STRUCTURES (collectively,

23 “Plaintiffs”) and Defendants NATIONAL UNION FIRE INSURANCE COMPANY
24 OF PITTSBURGH, PA; GREENWICH INSURANCE COMPANY; and
25 NAVIGATORS SPECIALTY INSURANCE COMPANY (collectively,
26 “Defendants”), by and through their respective attorneys of record, hereby submit
27 this Stipulation of Dismissal Without Prejudice pursuant to Rule 41(a)(1)(A)(ii) of
28 the Federal Rules of Civil Procedure:
14310942.2

STIPULATION OF DISMISSAL WITHOUT PREJUDICE

1

WHEREAS, this insurance coverage dispute concerns Defendants’ alleged

2 duty to indemnify Plaintiffs and reach a settlement in connection with various
3 underlying actions filed against Plaintiffs and coordinated in California Superior
4 Court, San Francisco County (“Underlying Claims”);
5

WHEREAS, Plaintiffs filed this action on January 16, 2018;

6

WHEREAS, Defendant NAVIGATORS SPECIALTY INSURANCE

7 COMPANY filed its Answer on February 12, 2018;
8

WHEREAS, Plaintiffs and Defendant GREENWICH INSURANCE

9 COMPANY stipulated to extend the time for Defendant GREENWICH
10 INSURANCE COMPANY to file its Answer to April 6, 2018 and then to April 30,
11 2018;
12

WHEREAS, Plaintiffs and Defendant NATIONAL UNION FIRE

13 INSURANCE COMPANY OF PITTSBURGH, PA stipulated to extend the time for
14 Defendant NATIONAL UNION FIRE INSURANCE COMPANY OF
15 PITTSBURGH, PA to file its Answer to April 6, 2018 and then to April 30, 2018;
16

WHEREAS, Plaintiffs and Defendants (collectively, “Parties”) have settled

17 their dispute, and Plaintiffs wish to dismiss the Complaint without prejudice;
18

IT IS HEREBY STIPULATED AND AGREED BY AND BETWEEN the

19 Parties, through their designated counsel, that this action be and is dismissed without
20 prejudice pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure;
21 and
22

The Parties further stipulate that they shall each bear their own fees and costs

23 incurred in this action up to and through this dismissal.
24 //
25 //
26 //
27 //
28 //
14310942.2

2

STIPULATION OF DISMISSAL WITHOUT PREJUDICE

1 DATED: April 23, 2018

HANSON BRIDGETT LLP

2
By:

3
4
5

/s/ Candice P. Shih
MILES C. HOLDEN
CANDICE P. SHIH
Attorneys for Plaintiffs BUILD GROUP,
INC. and PACIFIC STRUCTURES, INC.

6
7 DATED: April 23,2018

WOLKIN CURRAN, LLP

8
9

By:

10
11

/s/ David F. Myers
BRANDT L. WOLKIN
DAVID F. MYERS
Attorneys for Defendant NAVIGATORS
SPECIALTY INSURANCE COMPANY

12
13 DATED: April 23, 2018

DUANE MORRIS LLP

14
By:

15
16
17

/s/ Jessica E. La Londe
MAX H. STERN
JESSICA E. LA LONDE
Attorneys for Defendant GREENWICH
INSURANCE COMPANY

18
19 DATED: April 23, 2018

SACRO & WALKER LLP

20

S

O ORD
IT IS S

25

14310942.2

dwa
Judge E

LI

ER

A

H

28

RT

27

hen
rd M. C

NO

26

ERED

/s/ Richard D. Bremer
JENNIFER YU SACRO
RICHARD D. BREMER
Attorneys for Defendant NATIONAL
UNION FIRE INSURANCE COMPANY
OF PITTSBURGH, PA

FO

24

UNIT
ED

23

RT
U
O

22

By:

S DISTRICT
TE
C
TA

R NIA

21

N

F
D IS T IC T O
R

C

3

STIPULATION OF DISMISSAL WITHOUT PREJUDICE

1
2

ATTESTATION
I, Candice P. Shih, am the ECF User whose identification and password are

3 being used to file the Stipulation of Dismissal Without Prejudice, filed concurrently
4 herewith. Pursuant to Local Rule 5-1(i)(3), I hereby attest that counsel for National
5 Union Fire Insurance Company of Pittsburgh, Pa; Greenwich Insurance Company;
6 and Navigators Specialty Insurance Company have concurred in the filing of the
7 Stipulation of Dismissal Without Prejudice, filed concurrently herewith.
8
9 DATED: April 23, 2018

HANSON BRIDGETT LLP

10
11
12
13

By:

/s/ Candice P. Shih
CANDICE P. SHIH
Attorneys for Plaintiffs BUILD GROUP,
INC. and PACIFIC STRUCTURES, INC.

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
14310942.2

4

STIPULATION OF DISMISSAL WITHOUT PREJUDICE