American Hallmark Insurance Company of Texas v. Kraff's Men's Wear Co Inc et al

Filing 47

ORDER granting 45 Motion to Dismiss. Defendant Pendleton Woolen Mills is terminated from this action. Signed by Judge Thomas O. Rice. (BF, Judicial Assistant)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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AMERICAN HALLMARK
INSURANCE COMPANY OF
TEXAS, a Texas Corp.,

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Plaintiff,

NO: 1:15-CV-3104-TOR
ORDER GRANTING STIPULATED
MOTION TO DISMISS

v.
KRAFF’S MEN’S WEAR CO., INC.,
a Washington corporation; DANIEL P.
JOHNSON, a Washington resident;
TRAVELERS CASUALTY
INSURANCE COMPANY OF
AMERICA, a Connecticut corporation;
THE TRAVELERS INDEMNITY
COMPANY, a Connecticut
corporation; THE CHARTER OAK
FIRE INSURANCE COMPANY, a
Connecticut corporation; HARTFORD
CASUALTY INSURANCE
COMPANY, and PENDELTON
WOOLEN MILLS,

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Defendants.
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ORDER GRANTING STIPULATED MOTION TO DISMISS ~ 1

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BEFORE THE COURT is the parties’ Stipulated Motion for Voluntary

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Dismissal of Plaintiff’s Claims Against Defendant Pendleton Woolen Mills (ECF

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No. 45). The parties agree to dismiss any and all claims without prejudice and

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without fees or costs to either party, pursuant to Federal Rule of Civil Procedure

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41(a)(1)(A)(ii).

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ACCORDINGLY, IT IS HEREBY ORDERED:

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1.

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The Stipulated Motion for Voluntary Dismissal of Plaintiff’s Claims

Against Defendant Pendleton Woolen Mills (ECF No. 45) is GRANTED.
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Subject to the agreement between American Hallmark Insurance

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Company of Texas and Pendleton Woolen Mills, Pendleton Woolen Mills is bound

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by any coverage decision or ruling made by the Court as part of this action, and

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any and all claims that have been asserted, or may be asserted against either party

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are dismissed without prejudice and without fee of costs to either party.

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The District Court Executive is hereby directed to enter this Order, terminate

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Defendant Pendleton Woolen Mills from this action, adjust the case caption

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accordingly, and furnish copies to counsel.

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DATED September 16, 2015.

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THOMAS O. RICE
United States District Judge

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ORDER GRANTING STIPULATED MOTION TO DISMISS ~ 2