Columbia Casualty Company v. Gordon Trucking, Inc.

Filing 34

STIPULATION AND ORDER Dismissal Without Prejudice Pursuant to Federal Rule of Civil Procedure 41(a) of Gordon Trucking, Inc.'s Claims Against Great West Casualty Company and Great West Casualty Company's Claims Against Gordon Trucking, Inc. Pursuant to FRCP 41(a)(1)(A)(ii), re 30 Stipulation. Great West Casualty Company terminated. Signed by Judge James Ware on 3/15/2010. (ecg, COURT STAFF) (Filed on 3/15/2010)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21

John S. Rossiter, Jr., Bar No. 151113 [e-mail] Euphemia N. Thomopulos, Bar No. 262107 [e-mail] PERKINS COIE LLP Four Embarcadero Center, Suite 2400 San Francisco, CA 94111-4131 Telephone: [phone] Facsimile: 415.344.7050 Brian P. Hennessy, Bar No. 226721 [e-mail] PERKINS COIE LLP 101 Jefferson Drive Menlo Park, CA 94025 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant Gordon Trucking, Inc.

UNIT ED

S

S DISTRICT TE C TA

ER

N

D IS T IC T R

OF

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION COLUMBIA CASUALTY COMPANY, an Illinois corporation, Plaintiff, v. GORDON TRUCKING, INC., a Washington corporation, and DOES 1 through 10, Defendants. GORDON TRUCKING, INC., a Washington corporation, Counterclaimant, Case No.: CV-09-05441-JW STIPULATION FOR DISMISSAL WITHOUT PREJUDICE PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41(a) OF GORDON TRUCKING, INC.'S CLAIMS AGAINST GREAT WEST CASUALTY COMPANY AND GREAT WEST CASUALTY COMPANY'S CLAIMS AGAINST GORDON TRUCKING, INC.

22 23 24 25 26 27 28

v. 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, Counterdefendants.
CASE NO. CV-09-05441-JW STIPULATION FOR DISMISSAL OF CLAIMS
40753-0043/LEGAL17804797.1

A

C

LI
3/15/2010

FO

mes Wa Judge Ja

re

R NIA

O OR IT IS S

DERED

RT U O

NO

RT

H

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

WHEREAS, on December 22, 2009, Gordon Trucking, Inc. ("GORDON TRUCKING") filed Defendant and Counterclaimant Gordon Trucking, Inc.'s First Amended Answer to Columbia Casualty Company's Complaint, Affirmative Defenses and Counterclaims (Docket Entry 9), alleging claims against Great West Casualty Company ("GREAT WEST"). WHEREAS, GORDON TRUCKING has stipulated to dismiss its claims against GREAT WEST without prejudice and without costs to either party. WHEREAS, on January 27, 2010, GREAT WEST filed Counter-Defendant Great West Casualty Company's Answer to Counterclaim of Gordon Trucking, Inc.; Affirmative Defenses and Counterclaims (Docket Entry 16), alleging claims against GORDON TRUCKING. WHEREAS, GREAT WEST has stipulated to dismiss its claims against GORDON TRUCKING without prejudice and without costs to either party. WHEREAS, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), all parties who have appeared in this action stipulate to said dismissals. IT IS SO STIPULATED.

DATED: March 2, 2010

PERKINS COIE LLP By: /s/ Brian Hennessy Brian Hennessy (SBN 226721) [e-mail] Attorneys for Defendant and Counterclaimant Gordon Trucking, Inc.

DATED: March 2, 2010

BOORNAZIAN, JENSEN & GARTHE A Professional Corporation By: /s/ David J. Garthe David J. Garthe (SBN 52398) [e-mail] Attorneys for Counterdefendant Great West Casualty Company

-2STIPULATION FOR DISMISSAL OF CLAIMS
40753-0043/LEGAL17804797.1

CASE NO. CV-09-05441-JW

1 DATED: March 2, 2010 2 3 4 5 6 7 8 9 10 11 12 13 14 I, Brian Hennessy, hereby attest, pursuant to N.D. Cal. General Order No. 45, that the 15 concurrence to the filing of this document has been obtained from each signatory hereto. 16 17 18 19 20 21 22 23 24 25 26 27 28
-3STIPULATION FOR DISMISSAL OF CLAIMS
40753-0043/LEGAL17804797.1

BINGHAM MCCUTCHEN LLP By: /s/ Frank Kaplan Frank Kaplan (SBN 50859) [e-mail] Attorneys for Counterdefendant and Crossclaimant American International Specialty Lines Insurance Company

DATED: March 2, 2010

ADORNO YOSS ALVARADO & SMITH A Professional Corporation By: /s/ Patrick Cathcart Patrick Cathcart (SBN 65413) [e-mail] Attorneys for Plaintiff and Counterdefendant Columbia Casualty Company

DATED: March 2, 2010

PERKINS COIE LLP By: /s/ Brian Hennessy Brian Hennessy (SBN 226721) [e-mail] Attorneys for Defendant and CrossComplainant Gordon Trucking, Inc.

CASE NO. CV-09-05441-JW