Lexington Insurance Company v. American Guarantee And Liability Insurance Company et al

Filing 52

ORDER granting 51 Stipulation of Dismissal with prejudice. Signed by Judge Rita F. Lin on 8/28/2024. (mkl, COURT STAFF) (Filed on 8/28/2024)

1 ANDREW D. HEROLD, ESQ., Bar No. 178640
[e-mail]
2 HILARY R. KUCHINSKY, ESQ., Bar No. 258745
[e-mail]
3
KATHRYN E. SMITH, ESQ. Bar No. 327919
4 [e-mail]
HEROLD & SAGER
5 550 Second Street, Suite 200
Encinitas, CA 92024
6 [phone] / [phone] FAX
7

Attorneys for Plaintiff
8 LEXINGTON INSURANCE COMPANY
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

12 LEXINGTON INSURANCE COMPANY, a
13 Delaware corporation,

Case No. 3:22-cv-04479-RFL (DMR)
Assigned to Hon. Rita F. Lin

Plaintiff,

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STIPULATION OF DISMISSAL OF
COMPLAINT

v.

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16 AMERICAN GUARANTEE AND
LIABILITY INSURANCE COMPANY, a
17 New York corporation; ZURICH
AMERICAN INSURANCE COMPANY, a
18 New York corporation; and DOES 1-100,
inclusive.
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Action Filed: August 2, 2022

Defendants.

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In accordance with Rule 41(a) of the Federal Rules of Civil Procedure, Plaintiff Lexington
Insurance Company ("Lexington") and Defendants American Guarantee and Liability Insurance
Company ("American Guarantee") and Zurich American Insurance Company ("Zurich American")

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(collectively, the "Zurich") (Lexington and Zurich are collectively referred to as the "Parties")
hereby stipulate and agree as follows:

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1
STIPULATION OF DISMISSAL OF COMPLAINT

CASE NO.: 3:22-cv-04479-RFL (DMR)

1

1.

Lexington’s Complaint for Declaratory Relief, Equitable Subrogation, and Equitable

2 Indemnity (Dkt. No. 1) is dismissed with prejudice.
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2.

Each of the stipulating parties will bear its own attorneys’ fees and costs to date.

The person filing this document hereby attests that all signatories indicated with an “/s/,”, and on

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whose behalf this filing is submitted, concur in the document’s content and have authorized this

7 filing.
8 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
9 DATED: August 28, 2024

HEROLD & SAGER

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By:

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/s/Hilary R. Kuchinsky
ANDREW D. HEROLD, ESQ.
HILARY R. KUCHINSKY, ESQ.
KATHRYN E. SMITH, ESQ.
Attorneys for Plaintiff LEXINGTON
INSURANCE COMPANY

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DATED: August 28, 2024

DUANE MORRIS

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By: /s/Timothy J. Witczak
RICHARD D. HOFFMAN, ESQ.
TIMOTHY J. WITCZAK, ESQ.
Attorneys for Defendants AMERICAN
GUARANTEE AND LIABILITY INSURANCE
COMPANY and ZURICH AMERICAN
INSURANCE COMPANY

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23 PURSUANT TO STIPULATION, IT IS SO ORDERED.
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25 DATED: _______________________
August 28, 2024
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_____________________________________
The Honorable Rita F. Lin
UNITED STATES DISTRICT JUDGE

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2
STIPULATION OF DISMISSAL OF COMPLAINT

CASE NO.: 3:22-cv-04479-RFL (DMR)