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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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 SAN JOSE DIVISION 4 5 THE AMERICAN INSURANCE COMPANY, TRAVELERS PROPERTY CASUALTY INSURANCE COMPANY, CASE NO. 5:11-cv-03159-LHK ORDER OF DISMISSAL. 6 Plaintiffs, 7 8 9 v. LIBERTY SURPLUS INSURANCE CORPORATION, GREENWICH INSURANCE COMPANY, 11 For the Northern District of California United States District Court 10 Defendants. __________________________________ 12 AND RELATED CROSS-ACTIONS. / 13 14 This case involves a number of insurance companies litigating issues relating to their respective 15 duties to defend (and ultimately to indemnify) their insureds who have been sued in a class action 16 pending in the California state court system. 17 The Court has been informed by counsel of record that a global settlement has been reached that 18 will resolve all matters at issue in the underlying class action in state court as well as all issues involved 19 in this action. Consummation of the settlement is contingent, however, upon approval by the state court 20 in the underlying class action, and such approval may take an indefinite amount of time to accomplish. 21 It thus appears that this action will become dormant awaiting final disposition of the underlying 22 case in state court. It further appears appropriate, therefore, in order to preserve the established law of 23 the case, thereby promoting the interest of judicial economy in any possible future continuation of the 24 litigation of this action, and to otherwise enhance justice and reduce the cost of litigation for all 25 concerned, that this case should be administratively closed. 26 Accordingly, it is hereby ORDERED that all pending motions are TERMINATED, all 27 established deadlines are VACATED, and this action is DISMISSED and shall be administratively 28 closed by the Clerk; subject, nevertheless, to being reopened at any time in the future by the Court sua 1 CASE NO. TITLE 1 sponte or upon motion by any party: (1) if the pending settlement of the underlying state court action 2 is not consummated and there are issues in this action that are ripe for adjudication prior to final 3 resolution of such state court action; or (2) for the purpose of entering a stipulated final judgment; or 4 (3) for other good cause shown. 5 IT IS SO ORDERED. 6 7 Dated: November 28, 2012 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 CASE NO. TITLE

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