City and County of San Francisco v. Factory Mutual Insurance Company

Filing 194

STIPULATION AND ORDER DISMISSING CASE, ***Civil Case Terminated. Signed by Judge Phyllis J. Hamilton on 1/9/09. (nah, COURT STAFF) (Filed on 1/9/2009)

1 DENNIS J. HERRERA ­ 139669 CITY ATTORNEY 2 Robert S. Maerz ­ 111796 Kathryn Luhe -- 116587 3 Airport General Counsel San Francisco City Attorney's Office, Airport Division 4 P.O. Box 8097 International Terminal, North Shoulder Building, 5th Floor 5 San Francisco, CA 94128-8097 Telephone: [phone]/ Facsimile: [phone] 6 e-mail: [e-mail] 7 WULFSBERG REESE COLVIG & FIRSTMAN PROFESSIONAL CORPORATION 8 H. James Wulfsberg ­ 046192 Timothy A. Colvig - 114723 9 Kris A. Cox - 136504 Kaiser Center 10 300 Lakeside Drive, 24th Floor Oakland, CA 94612-3524 11 Telephone: [phone] Facsimile: [phone] 12 e-mail: [e-mail]
OAKLAND, CALIFORNIA 94612-3524
PROFESSIONAL CORPORATION KAISER CENTER 300 LAKESIDE DRIVE, 24TH FLOOR TELEPHONE [phone]

WULFSBERG REESE COLVIG & FIRSTMAN

LAW OFFICES

13 Attorneys for Plaintiff City and County of San Francisco 14 15 16 17 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION No. C 04-5307 PJH STIPULATION AND [PROPOSED] ORDER OF DISMISSAL OF ENTIRE ACTION WITH PREJUDICE

18 CITY AND COUNTY OF SAN FRANCISCO, A California Municipal Corporation, 19 Plaintiff, 20 vs. 21 FACTORY MUTUAL INSURANCE 22 COMPANY, a Rhode Island Corporation, BOMBARDIER TRANSPORTATION 23 (HOLDINGS) USA, INC., a Delaware Corporation, 24 Defendants. 25 AND RELATED COUNTERCLAIMS 26 27 28
STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE 1349-031\2245083.1

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The parties hereto, Plaintiff and Counter-Defendant City and County of San Francisco

2 ("CCSF"), Defendant and Counterclaimant Factory Mutual Insurance Company ("FMIC") and 3 Defendant and Counterclaimant Bombardier Transportation (Holdings) USA, Inc. ("Bombardier"), 4 by and through their respective counsel, hereby stipulate as follows: 5 Whereas, CCSF instituted the present action and thereafter filed a Second Amended

6 Complaint asserting claims against FMIC and Bombardier; 7 Whereas, Bombardier filed an amended answer and asserted cross and counter-claims

8 against CCSF; 9 Whereas, FMIC filed an answer and Amended Counter-Claims against CCSF and Cross-

10 Claims against Bombardier, which cross-claims were later dismissed by this Court; WULFSBERG REESE COLVIG & FIRSTMAN 11
OAKLAND, CALIFORNIA 94612-3524

Whereas, the parties hereto subsequently entered into a Settlement Agreement to fully and

12 finally resolve the present action and all claims therein (collectively referred to as the "Action");
PROFESSIONAL CORPORATION KAISER CENTER 300 LAKESIDE DRIVE, 24TH FLOOR TELEPHONE [phone]

13

NOW, THEREFORE, pursuant to the Settlement Agreement, the parties hereto hereby

LAW OFFICES

14 stipulate and agree to: 15 16 17 18 19 20 21 22 23 24 1. Entry of an Order of Dismissal of With Prejudice of this Action in its entirety,

including all claims, cross-claims and counterclaims asserted by any party, with each party to bear its own fees and costs. 2. This Stipulation is for the purpose of settling the Action. Neither the existence,

terms or act of entering into this Stipulation, nor any action taken hereunder, shall constitute, or be construed as, any admission of the validity of any claim, defense, or any fact alleged in the Action, or of any wrongdoing, fault, violation of law, or liability of any kind on the part of either Bombardier or the City. 3. This Court shall retain jurisdiction over the parties for the purpose of enforcement of the Settlement Agreement only, Kris A. Cox, counsel for CCSF, hereby attests that he has on file all holograph signatures

25 6.

26 for any signatures indicated by a "conformed" signature (/s/) within this e-filed document. 27 28
STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE

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1 SO STIPULATED: 2 Dated: January 8, 2009 3 4 5 6 7 8 9 10 WULFSBERG REESE COLVIG & FIRSTMAN 11
OAKLAND, CALIFORNIA 94612-3524

WULFSBERG REESE COLVIG & FIRSTMAN PROFESSIONAL CORPORATION By:_/S/_______________________________ Kris A. Cox Attorneys for Plaintiff, City and County of San Francisco

Dated: January 8, 2009

CARLSON, CALLADINE & PETERSON, LLP By: _/S/______________________________ Joyce Wang Attorneys for Defendant Factory Mutual Insurance Company SONNENSCHEIN NATH AND ROSENTHAL LLP

12 Dated: January 8, 2009
TELEPHONE [phone]

PROFESSIONAL CORPORATION KAISER CENTER 300 LAKESIDE DRIVE, 24TH FLOOR

13 14 15 16 17 18 IT IS SO ORDERED.

LAW OFFICES

By: _/S/______________________________ Gayle M. Athanacio Attorneys for Defendant Bombardier Transportation (Holdings) USA, Inc.

UNIT ED

19 9 20 Dated: January ____, 2009 21 22 23 24 25 26 27 28
STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE

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______________________________ PHYLLIS J. HAMILTON United States District Judgen milto is J. Ha ge Phyll Jud

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