The Ohio Casualty Insurance Company, an Ohio Corporation v. BCI Builders, Inc et al

Filing 34

STIPULATION AND ORDER 33 for Dismissal Without Prejudice of Entire Case, ***Civil Case Terminated. Signed by Judge Ronald M. Whyte on 3/20/14. (jgS, COURT STAFF) (Filed on 3/20/2014)

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James D. Curran, Esq. (SBN 126586)
Wolkin · Curran, LLP
555 Montgomery Street, Suite 1100
San Francisco, California 94111
Telephone:
[phone]
Facsimile:
[phone]
E-mail: [e-mail]
Attorneys for Plaintiff
The Ohio Casualty Insurance Company

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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THE OHIO CASUALTY INSURANCE
COMPANY, a Ohio corporation,

Case No.: C 12-6443 RMW

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Plaintiff,
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v.
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BCI BUILDERS, INC., a California
corporation; DENE BUSTICHI, an
individual; and MELODIE M. BUSTICHI,
an individual,

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Defendants.

STIPULATION FOR DISMISSAL,
WITHOUT PREJUDICE, OF ENTIRE
ACTION
Date: March 21, 2014
Time: 10:30 p.m.
Courtroom: 6, 4th Floor
Judge: Hon. Ronald M. Whyte

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Plaintiff THE OHIO CASUALTY INSURANCE COMPANY (“Ohio Casualty”) on

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the one hand, and Defendants BCI BUILDERS, INC., DENE BUSTICHI and MELODIE

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M. BUSTICHI (collectively “Defendants”) on the other hand, by and through their

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respective attorneys of record in the above-captioned lawsuit, hereby agree and stipulate as

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follows:

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1)

The entire action be dismissed, without prejudice; and

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2)

The dismissal, without prejudice, of the entire action shall not be, or at any

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later time deemed to be, collateral estoppel, res judicata, or retraxit on any
1.
STIPULATION FOR DISMISSAL, WITHOUT PREJUDICE, OF
ENTIRE ACTION; AND [ ORDER

CASE NO.: C 12-6443 RMW

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issue, claim, demand, damage, right of action or cause of action of any kind

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whatsoever Ohio Casualty or Defendants had, has or may have against the

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other, including but not limited to any issue, claim, demand, damage, right of

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action or cause of action of any kind whatsoever that was raised or could

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have been raised in this action.

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IT IS SO AGREED AND STIPULATED.

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Dated: March 17, 2014

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Wolkin • Curran, LLP
By:

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Dated: March 17, 2014

Law Offices of Michael G. Ackerman

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By:

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/s/James D. Curran
James D. Curran
Attorneys for Plaintiff
THE OHIO CASUALTY INSURANCE COMPANY

(as authorized on March 17, 2014)
/s/Michael G. Ackerman
Michael G. Ackerman, Esq.
Attorneys for Defendants
BCI BUILDERS, INC., DENE BUSTICHI and
MELODIE M. BUSTICHI

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[] ORDER

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PURSUANT TO THE ABOVE STIPULATION, THE FOLLOWING IS
HEREBY ORDERED:

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1)

The entire action be dismissed, without prejudice; and

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2)

The dismissal, without prejudice, of the entire action shall not be, or at any

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later time deemed to be, collateral estoppel, res judicata, or retraxit on any

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issue, claim, demand, damage, right of action or cause of action of any kind

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whatsoever Ohio Casualty or Defendants had, has or may have against the

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other, including but not limited to any issue, claim, demand, damage, right of
2.
STIPULATION FOR DISMISSAL, WITHOUT PREJUDICE, OF
ENTIRE ACTION; AND [] ORDER

CASE NO.: C 12-6443 RMW

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action or cause of action of any kind whatsoever that was raised or could

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have been raised in this action.

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IT IS SO ORDERED.

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Dated: March ___, 2014

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______________________________
United States District Court
Northern District of California

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3.
STIPULATION FOR DISMISSAL, WITHOUT PREJUDICE, OF
ENTIRE ACTION; AND [] ORDER

CASE NO.: C 12-6443 RMW