DEFENDANTS, OTHER THAN DEFENDANT LINCOLN GENERAL INSURANCE COMPANY, AND ORDER [F.R.C.P. 41(a)(1)(A)(i)]

CHARLES R. BREYER, District Judge.

PLEASE TAKE NOTICE that Plaintiffs LILLIAN and CHRIS GRADILLAS hereby dismiss with prejudice the following Defendants, in accordance with Federal Rule of Civil Procedure 41(a)(1)(A)(i):

PRO INSURANCE SOLUTION LIMITED; PRO IS, INC. (DOE 1); WALSHIRE ASSURANCE COMPANY (DOE 2); KINGSWAY FINANCIAL SERVICES, INC. (DOE 3); TAWA, PLC (DOE 4); LGIC HOLDINGS (DOE 5); and KINGSWAY AMERICA, INC. (DOE 6) (collectively, "Dismissed Defendants").

This dismissal does not affect Defendant LINCOLN GENERAL INSURANCE COMPANY (In Liquidation) ("Lincoln General"), and Defendant Lincoln General will remain a party to this litigation until the settlement consideration is transferred to Plaintiffs, in accordance with the parties' settlement agreement.

There exists good cause in which to dismiss these Defendants pursuant to Rule 41(a)(1)(A)(i), as, after many years, the Plaintiffs and Lincoln General have reached settlement that will dispose of the litigation without any further participation required by Dismissed Defendants, and Plaintiffs named Dismissed Defendants in this action as alleged alter-egos of Defendant Lincoln General. The Dismissed Defendants have not appeared in this action, and they were previously dismissed without prejudice, when Defendant Lincoln General appealed the grant of partial summary judgment in this matter to the Ninth Circuit Court of Appeals. As Plaintiffs and Lincoln General have now reached a full settlement in this matter, the Dismissed Defendants should be dismissed, with prejudice, at this time, with each party bearing its own costs and attorney's fees.

ORDER

IT IS HEREBY ORDERED that the following Defendants are hereby dismissed from this action with prejudice: PRO INSURANCE SOLUTION LIMITED; PRO IS, INC. (DOE 1); WALSHIRE ASSURANCE COMPANY (DOE 2); KINGSWAY FINANCIAL SERVICES, INC. (DOE 3); TAWA, PLC (DOE 4); LGIC HOLDINGS (DOE 5); and KINGSWAY AMERICA, INC. (DOE 6). Each party to bear its own costs and attorney's fees.

SO ORDERED.