The American Insurance Company v. Liberty Surplus Insurance Corporation

Filing 192

ORDER OF DISMISSAL. Signed by Judge Wm. Terrell Hodges on 11/28/12. (mpb, COURT STAFF) (Filed on 11/28/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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THE AMERICAN INSURANCE
COMPANY, TRAVELERS PROPERTY
CASUALTY INSURANCE COMPANY,

CASE NO. 5:11-cv-03159-LHK
ORDER OF DISMISSAL.

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Plaintiffs,
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v.
LIBERTY SURPLUS INSURANCE
CORPORATION, GREENWICH
INSURANCE COMPANY,

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For the Northern District of California

United States District Court

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Defendants.
__________________________________

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AND RELATED CROSS-ACTIONS.
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This case involves a number of insurance companies litigating issues relating to their respective

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duties to defend (and ultimately to indemnify) their insureds who have been sued in a class action

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pending in the California state court system.

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The Court has been informed by counsel of record that a global settlement has been reached that

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will resolve all matters at issue in the underlying class action in state court as well as all issues involved

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in this action. Consummation of the settlement is contingent, however, upon approval by the state court

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in the underlying class action, and such approval may take an indefinite amount of time to accomplish.

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It thus appears that this action will become dormant awaiting final disposition of the underlying

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case in state court. It further appears appropriate, therefore, in order to preserve the established law of

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the case, thereby promoting the interest of judicial economy in any possible future continuation of the

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litigation of this action, and to otherwise enhance justice and reduce the cost of litigation for all

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concerned, that this case should be administratively closed.

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Accordingly, it is hereby ORDERED that all pending motions are TERMINATED, all

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established deadlines are VACATED, and this action is DISMISSED and shall be administratively

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closed by the Clerk; subject, nevertheless, to being reopened at any time in the future by the Court sua
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sponte or upon motion by any party: (1) if the pending settlement of the underlying state court action

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is not consummated and there are issues in this action that are ripe for adjudication prior to final

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resolution of such state court action; or (2) for the purpose of entering a stipulated final judgment; or

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(3) for other good cause shown.

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IT IS SO ORDERED.

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Dated: November 28, 2012

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For the Northern District of California

United States District Court

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