Monterey Mushrooms, Inc. v. Travelers Property Casualty Company of America et al

Filing 28

STIPULATION AND ORDER FOR DISMISSAL WITH PREJUDICE pursuant to FRCP 41(a)(1)(A)(ii) re 27 Stipulation. The Clerk shall close this file. ***Deadlines terminated. Signed by Judge James Ware on 8/13/2010. (ecg, COURT STAFF) (Filed on 8/13/2010)

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WILLOUGHBY, STUART & BENING

ALEANDER F. STUART, SBN ­ 96141 RONALD J. COOK, SBN ­ 121398 WILLOUGHBY, STUART & BENING 50 W. San Fernando Street, Suite 400 San Jose, California 95113 Telephone: [phone] Facsimile: [phone] E-Mail: [e-mail] [e-mail] Attorneys for Plaintiff/Counter-Defendant MONTEREY MUSHROOMS, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION Pursuant to Federal Rules of Civil Procedure Rule 41 (a)(1)(A)(ii), Plaintiff/Counter Defendant Monterey Mushroom, Inc., through its counsel of record, and Defendants/ Counter1638.10976S -1STIPULATION AND [PROPOSED] ORDER FOR DISMISSAL WITH PREJUDICE

MONTEREY MUSHROOMS, INC., Plaintiff, vs. TRAVELERS PROPERTY CASUALTY COIMPANY OF AMERICA; THE TRAVELERS LLOYDS INSURANCE COMPANY; and DOES 1 through 100 (INCLUSIVE), Defendants. THE TRAVELERS LLOYDS INSURANCE COMPANY, Counter-Claimant, vs. MONTEREY MUSHROOM, INC. Counter-Defendant.

CASE NO: 5:09-C-09-02501 JW STIPULATION AND [PROPOSED] ORDER FOR DISMISSAL WITH PREJUDICE

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WILLOUGHBY, STUART & BENING

Claimants The Travelers Lloyds Insurance Company, through their respective counsel of record, hereby stipulate that all claims and counter-claims asserted in the above entitled action shall be and hereby are dismissed with prejudice, with each party to bear its own costs and attorneys' fees. Dated: August 12, 2010 WILLOUGHBY, STUART & BENING

By:

/s/ Alexander F. Stuart Ronald J. Cook Attorneys for Plaintiff/Counter-Defendant MONTEREY MUSHROOMS

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Dated: August 12, 2010

BULLIVANT HOUSER BAILEY

By:

SAMUEL H. RUBY Attorneys for Defendants TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA and THE TRAVELERS LLOYDS INSURANCE COMPANY

/s/

ORDER Having reviewed the above stipulation. IT IS HEREBY ORDERED that this action be dismissed with prejudice in its entirety, with each party to bear their own fees and costs. The Clerk shall close this file. Dated:
13 August 12, 2010

By:

The Honorable JAMES WARE United States District Judge

1638.10976S

-2STIPULATION AND [PROPOSED] ORDER FOR DISMISSAL WITH PREJUDICE