Tokio Marine & Nichido Fire Co. Ltd. (U.S. Branch) v. M/V Indigo Ocean et al

Filing 24

NOTICE OF SETTLEMENT AND ORDER FOR 45 DAY CONDITIONAL DISMISSAL, ***Civil Case Terminated. Signed by Judge Phyllis J. Hamilton on 9/28/12. (nah, COURT STAFF) (Filed on 9/28/2012)

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GEORGE W. NOWELL (SBN: 83868)

[e-mail]
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PAUL B. ARENAS (SBN: 167863)

[e-mail]
LAW OFFICES OF GEORGE W. NOWELL
100 Montgomery Street, Suite 1990
San Francisco, CA 94104-4322
Telephone: [phone]
Facsimile: [phone]
Attorneys for plaintiffs:
TOKIO MARINE & NICHIDO FIRE
CO. LTD. (U.S. BRANCH)

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Phone: [phone] Fax: [phone]

LAW OFFICES OF GEORGE W. NOWELL
100 Montgomery Street, Suite 1990
San Francisco, CA 94104-4322

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JOHN D. GIFFIN, ESQ. (SBN: 89608)
[e-mail]
JENNIFER M. PORTER (SBN: 261508)
[e-mail]
KEESAL YOUNG & LOGAN
450 Pacific Avenue
San Francisco, CA 94133
Telephone: [phone]
Facsimile: [phone]
Attorney for defendant:
SK SHIPPING and SK SHIPPING CO. LTD.

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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)
)
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Plaintiff,
)
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v.
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M/V INDIGO OCEAN, her engines, tackle,
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machinery, appurtenances, etc., in rem; and SK )
SHIPPING; SK SHIPPING CO. LTD..; SHOEI )
KISEN KAISHA, LTD. in personam,
)
)
Defendants.
)
)
)
TOKIO MARINE & NICHIDO FIRE
CO. LTD. (U.S. BRANCH)

CASE NO.: C 12-0639 PJH

NOTICE OF SETTLEMENT AND
REQUEST FOR 45 DAY
CONDITIONAL DISMISSASL;
PROPOSED ORDER
Case Management Conference Date:
October 11, 2012 at 2:00 p.m.
Trial Date: Not Yet Set
Judge: Hon. Phyllis J. Hamilton
Courtroom: 3, 3rd Floor

NOTICE OF SETTLEMENT

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TO THIS HONORABLE COURT AND TO ALL PARTIES AND THEIR ATTORNEYS OF

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RECORD:

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PLEASE TAKE NOTICE THAT the above captioned parties have entered into a
settlement of this matter on September 26, 2012. This settlement includes all parties and all
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NOTICE OF SETTLEMENT; REQUEST FOR 45 DAY CONDITIONAL DISMISSAL;
[PROPOSED] ORDER (C 12-0639 PJH)
P0927.12-1927

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causes of action.
The Settlement will be concluded within 45 days
REQUEST FOR CONDITIONAL DISMISSAL
The parties request that the Court Order this case conditionally dismissed for 45 days

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from September 26, 2012 to November 10, 2012 (Saturday) in order to provide time for the

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parties to execute their release, fund the settlement and to conserve judicial resources.

12, 2012 (first Court day following expiration of 45 days), that the agreed consideration for said

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settlement has not been delivered over or the release signed, the Conditional Dismissal Order

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Phone: [phone] Fax: [phone]

The parties agree and request that if any party hereto certifies to this Court by November

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LAW OFFICES OF GEORGE W. NOWELL
100 Montgomery Street, Suite 1990
San Francisco, CA 94104-4322

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shall stand vacated and this action shall forthwith be restored to the calendar to be set for trial.

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Dated: September _____, 2012

LAW OFFICES OF GEORGE W. NOWELL

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/S/ PAUL B. ARENAS
By: ________________________________
PAUL B. ARENAS
Attorneys for plaintiff
TOKIO MARINE & NICHIDO FIRE
CO. LTD. (U.S. BRANCH)

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Dated: September _____, 2012

KEESAL YOUNG & LOGAN

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/S/ JENNIFER M. PORTER
By: ________________________________
JENNIFER M. PORTER, ESQ.
Attorneys for defendants
SK SHIPPING and SK SHIPPING CO. LTD.

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NOTICE OF SETTLEMENT; REQUEST FOR 45 DAY CONDITIONAL DISMISSAL;
[PROPOSED] ORDER (C 12-0639 PJH)
P0927.12-1927

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[PROPOSED] ORDER

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The Parties hereto, by their counsel, having advised the Court that they have agreed to a

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settlement of this action.

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IT IS HEREBY ORDERED that this action is dismissed with prejudice; provided,

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however, that if any party hereto shall certify to this Court, with a proof of service of a copy on

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opposing counsel on or before November 12, 2012 (first Court day following 45 days from

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settlement), that the agreed consideration for the settlement has not been delivered over or the

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release signed; this Order shall stand vacated, and the action shall be restored to the calendar to

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be set for trial.

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UNIT
ED

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R NIA

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J. Hami

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hyllis
Judge P

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______________________________________
D
RDERE
HON. IPHYLLIS O HAMILTON
S SO J.
TI
UNITED STATES DISTRICT COURT JUDGE

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Phone: [phone] Fax: [phone]

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LAW OFFICES OF GEORGE W. NOWELL
100 Montgomery Street, Suite 1990
San Francisco, CA 94104-4322

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September 28
Dated: __________________, 2012

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NOTICE OF SETTLEMENT; REQUEST FOR 45 DAY CONDITIONAL DISMISSAL;
[PROPOSED] ORDER (C 12-0639 PJH)
P0927.12-1927