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Century Indemnity Company v. Matson Terminals, Inc., 14-CV-01972. (2016)

Court: District Court, N.D. California Number: infdco20160307531
Filed: Mar. 04, 2016
Latest Update: Mar. 04, 2016
Summary: JOINT STIPULATION FOR DISMISSAL WITH PREJUDICE AND (PROPOSED) ORDER THEREON LAUREL BEELER , Magistrate Judge . TO THE COURT AND TO ALL PARTIES: Plaintiff, Century Indemnity Company, as Successor to CCI Insurance Company, as Successor to Insurance Company of North America ("Plaintiff"), and Defendants, Matson Terminals, Inc., and Matson Navigation Company, Inc. ("Defendants"), hereby stipulate and jointly request that this Court enter a dismissal with prejudice of Plaintiff's Complaint and
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JOINT STIPULATION FOR DISMISSAL WITH PREJUDICE AND (PROPOSED) ORDER THEREON

TO THE COURT AND TO ALL PARTIES:

Plaintiff, Century Indemnity Company, as Successor to CCI Insurance Company, as Successor to Insurance Company of North America ("Plaintiff"), and Defendants, Matson Terminals, Inc., and Matson Navigation Company, Inc. ("Defendants"), hereby stipulate and jointly request that this Court enter a dismissal with prejudice of Plaintiff's Complaint and Defendants' Counterclaim in the above-entitled action in their entirety, pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure. Plaintiff and Defendants (collectively, "the Parties") shall bear their own respective costs and attorneys' fees incurred in this action.

The Parties further stipulate that this Court should retain jurisdiction to enforce any disputes regarding the settlement agreement of the Parties.

The Parties further stipulate that the Court shall vacate its order granting Defendants' partial summary judgment motion (Docket No. 62, dated May 12, 2015) and order denying Plaintiff leave to file a motion for reconsideration (Docket No. 65, dated July 20, 2015) (collectively "the Summary Judgment Orders").

IT IS SO STIPULATED.

ORDER

IT IS HEREBY ORDERED that pursuant to the foregoing stipulation, Plaintiff's Complaint and Defendants' Counterclaim in this action, Case Number 14-CV-01972, are hereby dismissed with prejudice in their entirety, with the Parties to bear their own respective costs and attorneys' fees in this action.

IT IS FURTHER ORDERED that the Court shall retain jurisdiction to enforce the settlement agreement of the Parties, and

IT IS FURTHER ORDERED that the Court's order granting Defendants' partial summary judgment motion (Docket No. 62, dated May 12, 2015) and order denying Plaintiff leave to file a motion for reconsideration (Docket No. 65, dated July 20, 2015) are hereby vacated.

IT IS SO ORDERED.

Source:  Leagle

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