GALP SIERRA VISTA, L.P. et al v. RSUI Indemnity Company Inc

Filing 134

ORDER granting 131 Motion to Dismiss by Judge Benjamin H Settle.(TG)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 The Honorable Benjamin H. Settle UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA GALP SIERRA VISTA Limited Partnership, a Washington limited partnership, et al., NO. 3:10-cv-05647 BHS Plaintiff, EQUITY FUNDING, LLC, ORDER GRANTING MOTION FOR LEAVE TO DISMISS CLAIMS PURSUANT TO FCRP 41(a)(2) Intervenor, v. RSUI INDEMNITY COMPANY, a New Hampshire corporation, Defendant. THIS MATTER came before the Court upon the unopposed joint motion of Cascade Capital Group, Inc., General Receiver for Plaintiff GALP CNA Limited Partnership, and Plaintiffs Wentwood Baytown L.P., Wentwood Rollingbrook, L.P., Wentwood Applewood, L.P., Wentwood Lakeside I, L.P., Wentwood St. James, L.P., Wentwood Woodside I, L.P., GALP Cypress L.P., GALP Graybridge, L.P., GALP Highcross, L.P., GALP Hunters Ridge, L.P., and GALP Waters, L.P. (together, the “movant Plaintiffs”) for leave to dismiss their claims with ORDER GRANTING MOTION FOR LEAVE TO DISMISS CLAIMS - 1 3:10-cv-05647 BHS GORDON TILDEN THOMAS & CORDELL LLP 1001 Fourth Avenue, Suite 4000 Seattle, WA 98154 Phone (206) 467-6477 Fax (206) 467-6292 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 prejudice and in their entirety pursuant to FRCP 41(a)(2). The Court has reviewed the file and is otherwise familiar with this matter. All parties except Intervenor Equity Funding have consented to the voluntary dismissal. However, no pleading was filed in opposition and no prejudice has been shown to any party as a result of granting the motion. Based upon the foregoing, it is hereby ORDERED, ADJUDGED AND DECREED that the motion is GRANTED. The movant Plaintiffs’ claims are dismissed in their entirety and with prejudice, without costs to any party. DATED this 25th day of January, 2013. A BENJAMIN H. SETTLE United States District Judge Presented by: GORDON TILDEN THOMAS & CORDELL, LLP By: s/ Dale L. Kingman Dale L. Kingman, WSBA #7060 Haley K. Krug, WSBA #39315 Counsel for Cascade Capital Group, General Receiver for GALP CNA, LLP K&L GATES, LLP By: s/ David C. Neu David C. Neu, WSBA #33143 Brian T. Peterson, WSBA #42088 Brian L. Lewis, WSBA #33560 Counsel for Cascade Capital Group, General Receiver for GALP CNA, LLP ORDER GRANTING MOTION FOR LEAVE TO DISMISS CLAIMS - 2 3:10-cv-05647 BHS GORDON TILDEN THOMAS & CORDELL LLP 1001 Fourth Avenue, Suite 4000 Seattle, WA 98154 Phone (206) 467-6477 Fax (206) 467-6292

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