Columbia Casualty Company v. Gordon Trucking, Inc.

Filing 120

ORDER re 119 Stipulation of Dismissal with Prejudice. Signed by Judge Koh on 10/20/11. (lhklc3, COURT STAFF) (Filed on 10/20/2011)

Case5:09-cv-05441-LHK Document119

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PATRICK A. CATHCART (SBN 65413)
[e-mail]

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Filed10/19/11 Page1 of 4

ALVARADOSMITH

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A Professional Corporation
633 W. Fifth Street, Suite 1100
Los Angeles, CA 90071
Tel. [phone]
Fax. [phone]

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JOSEPH P. COLLINS (CA Bar No. 163442)
[e-mail]
LAW OFFICE OF JOSEPH P. COLLINS
1541 Ocean Avenue, #200
Santa Monica, CA 90401
Tel. [phone]
Fax. [phone]

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Attorneys for Plaintiff, Counterdefendant and Crossdefendant,
COLUMBIA CASUALTY COMPANY, an Illinois corporation

A LVARADO S MITH

UNITED STATES DISTRICT COURT

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A PROFESSIONAL CORPORATION
LOS ANGELES

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NORTHERN DISTRICT OF CALIFORNIA – SAN JOSE DIVISION

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COLUMBIA CASUALTY COMPANY, an
Illinois corporation,

Case No. 5:09-cv-05441-LHK (PSG)

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HON. LUCY H. KOH – COURTROOM 4
Plaintiff,

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vs.

NOTICE OF SETTLEMENT;
STIPULATION FOR DISMISSAL OF
COMPLAINT, COUNTERCLAIM AND
CROSS-CLAIM; [PROPOSED] ORDER
THEREON

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GORDON TRUCKING, INC., a Washington
corporation, and DOES 1 through 10,

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Defendants.

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GORDON TRUCKING, INC., a Washington
corporation,

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Counterclaimant,

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vs.

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COLUMBIA CASUALTY COMPANY, an
Illinois corporation; AMERICAN
INTERNATIONAL SPECIALTY LINES
INSURANCE COMPANY, an Alaska
corporation; GREAT WEST CASUALTY
COMPANY, a Nebraska corporation; and DOES
1 through 10,

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Counterdefendants.

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REMOVED:
ACTION FILED:

November 17, 2009
November 10, 2009

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NOTICE OF SETTLEMENT; STIPULATION OF DISMISSAL; [PROPOSED] ORDER
2104888.1

Case No. 5:09-cv-05441-LHK

Case5:09-cv-05441-LHK Document119

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AMERICAN INTERNATIONAL SPECIALTY
LINES INSURANCE COMPANY, an Alaska
corporation,

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Filed10/19/11 Page2 of 4

Crossclaimant,

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vs.
COLUMBIA CASUALTY COMPANY, an
Illinois corporation,

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Counterdefendant.

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obligated to pay its $5 million policy limits in connection with the resolution of a bodily injury lawsuit

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against Columbia's insured, Gordon Trucking, Inc. The case was tried to the Court between June 20-

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A LVARADO S MITH

This dispute involved whether plaintiff Columbia Casualty Company ("Columbia") was

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A PROFESSIONAL CORPORATION
LOS ANGELES

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24, 2011, and a Finding of Facts and Conclusions of Law was issued on September 23, 2011. All

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parties, by and through their counsel of record, hereby notify the Court that this matter has been settled

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in its entirety.

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As a consequence of the settlement, the parties desire that the complaint, and all counterclaims
and cross-complaints be dismissed with prejudice. Specifically:

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1.

Plaintiff, Columbia, requests that the Court Dismiss its Complaint filed November 10,

2.

Defendant and Counterclaimant, Gordon Trucking, Inc., requests that the Court dismiss

2009.

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the Counterclaim filed December 22, 2009, as to Counterdefendant Columbia. The Court has

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previously dismissed the claims of the Counterclaim as to the other Counterdefendants.

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NOTICE OF SETTLEMENT; STIPULATION OF DISMISSAL; [PROPOSED] ORDER
2104888.1

Case No. 5:09-cv-05441-LHK

Case5:09-cv-05441-LHK Document119

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3.

Filed10/19/11 Page3 of 4

Defendant and Crossclaimant American International Specialty Lines Insurance

Company requests that the Court dismiss its Crossclaim filed March 01, 2010.

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IT IS SO STIPULATED.

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DATED: October 19, 2011

PATRICK A. CATHCART

ALVARADOSMITH
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A Professional Corporation

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JOSEPH P. COLLINS

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By:

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/s/ Patrick A. Cathcart
PATRICK A. CATHCART
Attorneys for Plaintiff, Counterdefendant and
Crossdefendant COLUMBIA CASUALTY COMPANY

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A LVARADO S MITH

A PROFESSIONAL CORPORATION
LOS ANGELES

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DATED: October 19, 2011

BINGHAM McCUTCHEN LLP

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By:

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/s/ Frank Kaplan
FRANK KAPLAN
Attorneys for Defendant and Counterclaimant GORDON
TRUCKING, INC. and Crossclaimant AMERICAN
INTERNATIONAL SPECIALTY LINES INSURANCE
COMPANY

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I, Patrick A. Cathcart, hereby attest, pursuant to N.D. Cal. General Order No. 45, that the
concurrence to the filing of this document has been obtained from each signatory hereto.

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DATED: October 19, 2011

A Professional Corporation

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By:

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/s/ Patrick A. Cathcart
PATRICK A. CATHCART (SBN 65413)
Attorneys for Plaintiff, Counterdefendant and
Crossdefendant COLUMBIA CASUALTY COMPANY

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ALVARADOSMITH

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NOTICE OF SETTLEMENT; STIPULATION OF DISMISSAL; [PROPOSED] ORDER
2104888.1

Case No. 5:09-cv-05441-LHK

Case5:09-cv-05441-LHK Document119

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[PROPOSED] ORDER

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Filed10/19/11 Page4 of 4

Based on the agreement of the parties, and good cause appearing given the complete resolution
of this dispute by settlement, the following are hereby dismissed with prejudice:

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1.

Columbia Casualty Company's Complaint filed November 10, 2009.

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2.

Gordon Trucking, Inc.'s Counterclaim filed December 22, 2009, as to

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Counterdefendant Columbia.

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3.

American International Specialty Lines Insurance Company's Crossclaim filed March

1, 2010.

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IT IS SO ORDERED

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DATED: October 20, 2011
UNITED STATES DISTRICT JUDGE

A LVARADO S MITH

A PROFESSIONAL CORPORATION
LOS ANGELES

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NOTICE OF SETTLEMENT; STIPULATION OF DISMISSAL; [PROPOSED] ORDER
2104888.1

Case No. 5:09-cv-05441-LHK