Exact Property & Casualty Company v. Broan-NuTone, LLC

Filing 37

ORDER GRANTING STIPULATION OF DISMISSAL WITH PREJUDICE. Signed by Judge Nathanael Cousins on 11/14/2018. (lmh, COURT STAFF) (Filed on 11/14/2018)

1 Krsto Mijanovic (Bar No. 205060)
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[e-mail]
Stephen J. Squillario (Bar No. 257781)
[e-mail]
Omar Parra (Bar No. 303041)
[e-mail]
HAIGHT BROWN & BONESTEEL LLP
Three Embarcadero Center, Suite 200
San Francisco, California 94111
Telephone: [phone]
Facsimile: 415.546.7505

7 Attorneys for BROAN-NUTONE, LLC
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION

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11 EXACT PROPERTY & CASUALTY

Case No. 17-cv-06770-NC

COMPANY,

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Plaintiff,

STIPULATION OF DISMISSAL WITH
PREJUDICE AND (PROPOSED) ORDER

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v.

Judge: Hon. Nathanael M. Cousins
Crtrm.: 7

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BROAN-NUTONE, LLC and DOES 1
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Defendant.

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BM07-0000169
12795041.1

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Case No. 17-cv-06770-NC
Stipulation of Dismissal and (Proposed) Order

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Pursuant to Rule 41(a)(1)(ii) of the Federal Rules of Civil Procedure and the November 8,

2 2018 Settlement and General Release Agreement, Plaintiff Exact Property & Casualty Company
3 and Defendant Broan-NuTone, LLC, by and through their respective counsel of record, hereby
4 stipulate that Plaintiff’s entire action is dismissed with prejudice. Each party is to bear its own
5 costs and attorney fees.
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IT IS SO STIPULATED.

7 Dated: November 13, 2018

AUDLEY & AUDLEY

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By:

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13 Dated: November 13, 2018

/s/ Michael R. Audley
Michael R. Audley
Attorneys for Plaintiff,
EXACT PROPERTY & CASUALTY
COMPANY

HAIGHT BROWN & BONESTEEL LLP

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By:

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/s/ Omar Parra
Krsto Mijanovic
Stephen J. Squillario
Omar Parra
Attorneys for BROAN-NUTONE, LLC

DECLARATION PURSUANT TO CIVIL LOCAL RULE 6-2(a)
I, Omar Parra, declare under penalty of perjury under the laws of the United States of
America that I have obtained Mr. Michael R. Audley’s consent to this Stipulation, and that the
representations made in the Stipulation are true and correct.
Executed this 13th day of November, 2018, at San Francisco, California

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HAIGHT BROWN & BONESTEEL LLP

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/s/ Omar Parra
Omar Parra
Attorneys for Defendant BROAN-NUTONE, LLC

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BM07-0000169
12795041.1

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Case No. 17-cv-06770-NC
Stipulation of Dismissal and (Proposed) Order

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(PROPOSED) ORDER

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The Court having considered the Stipulation of the parties, and good cause appearing

3 therefor, orders as follows:
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1.

The November 28, 2018 Further Case Management Conference is vacated;

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2.

The action is dismissed with prejudice pursuant to Rule 41(a)(1)(ii) of the Federal

6 Rules of Civil Procedure;
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3.

Each party shall bear their own costs and attorneys’ fees;

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4.

The Court shall retain jurisdiction over this matter to enforce the terms of the

9 November 8, 2018 Settlement and General Release Agreement.
IT IS SO ORDERED.

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thanael M
Judge Na

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. Cousins

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__________________________________________
TED
GRAN
THE HONORABLE NATHANEL M. COUSINS
UNITED STATES MAGISTRATE JUDGE

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November 14, 2018
Dated: _________________

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BM07-0000169
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Case No. 17-cv-06770-NC
Stipulation of Dismissal and (Proposed) Order