Lenscrafters, Inc. et al v. Liberty Mutual Fire Insurance Company et al

Filing 169

STIPULATION AND ORDER: That United States Fire Insurance Companys Counterclaim against Markel American Insurance Company is dismissed without prejudice. Signed by Judge ARMSTRONG on 11/13/08. (lrc, COURT STAFF) (Filed on 11/14/2008) Modified on 11/17/2008 (jlm, COURT STAFF).

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LONG & LEVIT LLP
465 CALIFORNIA STREET SUITE 500 SAN FRANCISCO CALIFORNIA 94104 [phone]

IRENE K. YESOWITCH State Bar #111575 CHIP COX State Bar #159681 LONG & LEVIT LLP 465 California Street, Suite 500 San Francisco, CA 94104 TEL: [phone] FAX: [phone]
[e-mail] [e-mail]

Attorneys for Counterclaim Defendant MARKEL AMERICAN INSURANCE COMPANY UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

LENSCRAFTERS, INC.; and EYEXAM OF CALIFORNIA, INC., Plaintiffs, vs. LIBERTY MUTUAL FIRE INSURANCE COMPANY; EXECUTIVE RISK SPECIALTY INSURANCE COMPANY; UNITED STATES FIRE INSURANCE COMPANY; MARKEL AMERICAN INSURANCE COMPANY; and WESTCHESTER FIRE INSURANCE COMPANY, Defendants. AND RELATED CROSS ACTIONS

CASE No. CV-07-2853 SBA STIPULATION TO DISMISS, WITHOUT PREJUDICE, COUNTERCLAIM OF UNITED STATES FIRE INSURANCE COMPANY

Defendant and Counter-Claimant United States Fire Insurance Company ("U.S. Fire") and Counterclaim Defendant Markel American Insurance Company ("Markel") stipulate and agree as follows: WHEREAS, on July 31, 2008, Defendant and Counter-Claimant United States Fire Insurance Company ("U.S. Fire") filed an Answer and Counterclaim responding to the Counterclaim of Defendant and Counter-Claimant Markel American Insurance Company ("Markel");
Case No. C 07-02853 SBA STIPULATION AND PROPOSED ORDER

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LONG & LEVIT LLP
465 CALIFORNIA STREET SUITE 500 SAN FRANCISCO CALIFORNIA 94104 [phone]

WHEREAS, U.S. Fire and Markel have reached a Tolling Agreement regarding the claims made in U.S. Fire's Counterclaim, in which U.S. Fire agreed to dismiss, without prejudice, its Counterclaim against Markel; NOW THEREFORE, U.S. Fire and Markel stipulate that U.S. Fire may and hereby does dismiss its Counterclaim against Markel, without prejudice. Dated: November 4, 2008 LONG & LEVIT LLP

By

/s/ CHIP COX Attorneys for Counterclaim Defendant MARKEL AMERICAN INSURANCE COMPANY

DATED: November 4, 2008

SQUIRE, SANDERS & DEMPSEY L.L.P.

By

/s/ DAVID A. GABIANELLI Attorneys for Defendant and CounterClaimant UNITED STATES FIRE INSURANCE COMPANY

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STIPULATION AND PROPOSED ORDER

Case No. C 07-02853 SBA

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LONG & LEVIT LLP
465 CALIFORNIA STREET SUITE 500 SAN FRANCISCO CALIFORNIA 94104 [phone]

ORDER For good cause, IT IS HEREBY ORDERED that United States Fire Insurance Company's Counterclaim against Markel American Insurance Company is hereby dismissed without prejudice. DATED: 11/13/08 ____________________________________ HON. SAUNDRA BROWN ARMSTRONG United States District Court Judge

DOCS\S6560-012\556209.V1

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STIPULATION AND PROPOSED ORDER

Case No. C 07-02853 SBA