Travelers Property Casualty Company of America v. Taylor Woodrow Homes, Inc. et al

Filing 119

ORDER Granting 118 Stipulation of Dismissal of Arch Insurance Company filed by Travelers Property Casualty Company of America. Signed by Judge Edward J. Davila on 8/12/2014. (ecg, COURT STAFF) (Filed on 8/12/2014)

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Dated:8/12/2014

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UNIT
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THE AGUILERA LAW GROUP, APLC
A. Eric Aguilera (SBN 192390)
Kimberly Arnal (SBN 200448)
650 Town Center Drive, Suite 100
Costa Mesa, CA 92626
T: 714-384-6600 / F: 714-384-6601
eaguilera@ aguileragroup.com
[e-mail]

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Attorneys for Plaintiff and Counterdefendant TRAVELERS PROPERTY
CASUALTY COMPANY OF AMERICA, a Connecticut corporation

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA – SAN JOSE DIVISION

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TRAVELERS PROPERTY CASUALTY Case No. 5:12-cv-04204-EJD-HRL
COMPANY OF AMERICA, a
Hon. Edward J. Davila
Connecticut corporation,

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Plaintiff,

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v.

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TAYLOR MORRISON OF
CALIFORNIA LLC, a California
limited liability corporation, as
successor-in-interest to Taylor Woodrow
Homes, Inc.; TAYLOR MORRISON
SERVICES, INC., a California
corporation; ARCH INSURANCE
GROUP, a Missouri corporation; ARCH
SPECIALTY INSURANCE
COMPANY, a Nebraska corporation;
AMERICAN SAFETY INDEMNITY
COMPANY, an Oklahoma corporation;
HUDSON INSURANCE COMPANY, a
Delaware corporation, QBE
INSURANCE CORPORATION, a
Pennsylvania corporation; FIRST
SPECIALTY INSURANCE
CORPORATION, a Missouri
corporation; UNITED SPECIALTY
INSURANCE COMPANY, a Delaware
corporation and DOES 1 through 10
inclusive,

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STIPULATION TO VOLUNTARILY
DISMISS DEFENDANT ARCH
INSURANCE COMPANY UNDER
FRCP RULE 41(a)(1)

Defendants.

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STIPULATION TO VOLUNTARILY DISMISS DEFENDANT ARCH INS. CO.

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TAYLOR MORRISON OF
CALIFORNIA, LLC, a California
Limited Liability company; TAYLOR
MORRISON SERVICES, INC., a
California corporation,
Counterclaimants,
v.
TRAVELERS PROPERTY CASUALTY
COMPANY OF AMERICA, a
Connecticut corporation,

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Counterdefendant.

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WHEREAS, Plaintiff Travelers Property Casualty Company of America

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(“Travelers”) and Defendants Taylor Morrison of California LLC, Taylor Morrison

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Services, Inc. (collectively “Taylor Morrison”) have reached a settlement with

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Defendant Arch Insurance Company (“Arch”);

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WHEREAS, Plaintiff Travelers and Taylor Morrison wish to dismiss, with
prejudice, defendant Arch from the present action.

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IT IS HEREBY STIPULATED by and between Travelers and the remaining
defendants who have appeared in this action, by and through their designated counsel,
that defendant Arch is hereby dismissed with prejudice pursuant to FRCP 41(a)(1).
Travelers and Arch further agrees to waive any claim for costs they might have
against each other associated with the present action.

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Dated: August 11, 2014

THE AGUILERA LAW GROUP APLC
/s/ Kimberly R. Arnal
A. Eric Aguilera
Kimberly R. Arnal
Attorneys for Plaintiff Travelers Property
Casualty Company of America

By:

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STIPULATION TO VOLUNTARILY DISMISS DEFENDANT ARCH INS. CO.

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Dated: August 11, 2014

COX, CASTLE & NICHOLSON LLP

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Patrick Michael McGovern
Patrick Michael McGovern
Attorneys for Defendant/CounterClaimant Taylor Morrison of California LLC

By:

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Dated: August 11, 2014

SELMAN BREITMAN
Gregory J. Newman
Gregory J. Newman
Attorneys for Defendant Arch Specialty
Insurance Company; Arch Insurance
Company

By:

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STIPULATION TO VOLUNTARILY DISMISS DEFENDANT ARCH INS. CO.

PROOF OF SERVICE

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STATE OF CALIFORNIA, COUNTY OF LOS ANGELES

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I am employed in the County of Los Angeles, State of California. I am over the age
of 18 and not a party to the within action; my business address is 700 S. Flower St.,
Ste. 3350, Los Angeles, California 90017. On August 11, 2014, I served the
documents named below on the parties in this action as follows:

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DOCUMENT(S) SERVED:

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STIPULATION TO VOLUNTARILY DISMISS
DEFENDANT ARCH INSURANCE COMPANY
UNDER FRCP RULE 41(a)(1)

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BY U.S. MAIL
*I deposited such envelope in the mail at Los Angeles, California. The envelope
was mailed with postage thereon fully prepaid.
As follows: I am "readily familiar" with the firm's practice of collection and
processing correspondence for mailing. Under the practice it would be deposited with
U.S. postal service on that same day with postage thereon fully prepaid at Los
Angeles, California in the ordinary course of business. I am aware that on motion of
the party served, service is presumed invalid if postal cancellation date or postage
date is more than 1 day after date of deposit for mailing in affidavit.
BY ELECTRONIC SERVICE VIA ECF I transmitted a true copy of the above
entitled document(s) to CM/ECF for filing and service on all parties.
(State) I declare under penalty of perjury under the laws of the State of California
that the above is true and correct.
(Federal) I declare that I am employed in the office of a member of the bar of this
court at whose direction the service was made.

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Executed on August 11, 2014 at Los Angeles, California.

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_____/s/ Judy Jaramillo_______________
Judy Jaramillo

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STIPULATION TO VOLUNTARILY DISMISS DEFENDANT ARCH INS. CO.