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United Specialty Insurance Company v. E-CIG Vapor Emporium, LLC, 5:18-cv-00002 JGB (SHKx). (2019)

Court: District Court, C.D. California Number: infdco20190222841 Visitors: 12
Filed: Feb. 21, 2019
Latest Update: Feb. 21, 2019
Summary: ORDER RE DISMISSAL JESUS G. BERNAL , District Judge . The Parties have notified the Court that they have reached a settlement and that they have fully executed the settlement agreement and related documents. The Parties have further advised the Court of the following: 1) Pursuant to the settlement agreement, E-CIG VAPOR EMPORIUM, LLC made its initial installment payment on February 15, 2019; 2) The settlement agreement requires UNITED SPECIALTY INSURANCE COMPANY to dismiss its complaint w
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ORDER RE DISMISSAL

The Parties have notified the Court that they have reached a settlement and that they have fully executed the settlement agreement and related documents. The Parties have further advised the Court of the following:

1) Pursuant to the settlement agreement, E-CIG VAPOR EMPORIUM, LLC made its initial installment payment on February 15, 2019;

2) The settlement agreement requires UNITED SPECIALTY INSURANCE COMPANY to dismiss its complaint without prejudice against E-CIG VARPOR EMPORIUM, LLC within ten (10) days of receipt of E-CIG VAPOR EMPORIUM, LLC'S first installment payment;

3) The settlement agreement requires E-CIG VAPOR EMPORIUM, LLC to make 17 additional equal monthly installments;

4) The settlement agreement provides that the Court shall retain jurisdiction as necessary to enforce the terms of the settlement, including the stipulated judgment should E-CIG VAPOR EMPORIUM, LLC fail to comply with the terms of the settlement agreement;

5) Defendant ROBERT SEAN LOCKYER never appeared in this action and a judgment was entered against him on December 6, 2018;

Therefore, the Court orders as follows:

1) Pursuant to Federal Rule of Civil Procedure 41(a)(2), UNITED SPECIALTY INSURANCE COMPANY'S complaint is dismissed without prejudice as to E-CIG VAPOR EMPORIUM, LLC;

2) The Court shall retain jurisdiction to enforce the terms of the settlement, including the stipulated judgment should E-CIG VAPOR EMPORIUM, LLC fail to comply with the terms of the settlement agreement;

IT IS SO ORDERED.

Source:  Leagle

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