United States Fire Insurance Company v. Vesta Strategies, LLC et al

Filing 196

STIPULATION AND ORDER Granting 193 Dismissal of Claims Against Defendant Samuel Henka ONLY Without Prejudice. Samuel W. Henka terminated. Signed by Judge James Ware on 11/2/2010. (ecg, COURT STAFF) (Filed on 11/2/2010)

United States Fire Insurance Company v. Vesta Strategies, LLC et al

Doc. 196

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Andrew B. Downs, SBN 111435 E-Mail: [e-mail] BULLIVANT HOUSER BAILEY PC 601 California Street, Suite 1800 San Francisco, California 94108 Telephone: [phone] Facsimile: 415.352.2701 Attorneys for Plaintiff United States Fire Insurance Company

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION Case No.: C 09 02388 JW PVT STIPULATION AND ORDER FOR DISMISSAL OF CLAIMS AGAINST DEFENDANT SAMUEL HENKA, WITHOUT PREJUDICE

UNITED STATES FIRE INSURANCE 12 COMPANY, a corporation, 13 14 vs. Plaintiff,

15 VESTA STRATEGIES, LLC, a limited liability company; SAMUEL W. HENKA, an 16 individual, 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff United States Fire Insurance Company and defendant Samuel Henka stipulate as follows: 1. On May 27, 2010, the Court entered an Order on various motions including U.S. Defendants.

Fire's Motion for Judgment on the Pleadings against Henka's Counterclaim (Docket # 181). That Order dismissed Henka's Counterclaim against U.S. Fire with prejudice and operated to resolve or render moot all claims between Henka and U.S. Fire. 2. In order to streamline the litigation of the remaining issues in this action and to

avoid litigating issues that are moot at the present time, Henka and U.S. Fire desire to have U.S. Fire's claims against Henka dismissed without prejudice to the positions of either party following any future appellate review. ­1­
STIPULATION AND ORDER FOR DISMISSAL OF CLAIMS AGAINST DEFENDANT SAMUEL HENKA, WITHOUT PREJUDICE - C 09 02388 JW PVT

Dockets.Justia.com

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3.

Accordingly, Henka and U.S. Fire request that the court dismiss U.S. Fire's

claims against Henka without prejudice, pursuant to Federal Rule of Civil Procedure 41, with each party to bear its own costs and attorney's fees. DATED: October 29, 2010 BULLIVANT HOUSER BAILEY PC

By /s/ Andrew B. Downs Andrew B. Downs, SBN 111435 Attorneys for Plaintiff United States Fire Insurance Company DATED: 10/29/10 HOLLISTER & BRACE

By /s/ Peter L. Candy (by e-mail authorization) Robert L. Brace, SBN 122240 Peter L. Candy, SBN 149976 Attorneys for Thomas Dillon, Court-Appointed Receiver for defendant Vesta Strategies, LLC and for defendant Samuel Henka ORDER The parties having stipulated and good cause appearing, IT IS HEREBY ORDERED that plaintiff United States Fire Insurance Company's First Amended Complaint is dismissed without prejudice as to defendant Samuel Henka only, with each party to bear its own costs and attorney's fees. DATED:
November 2, 2010

United States District Judge 25 26 27 28
12854506.1

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STIPULATION AND ORDER FOR DISMISSAL OF CLAIMS AGAINST DEFENDANT SAMUEL HENKA, WITHOUT PREJUDICE - C 09 02388 JW PVT