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SEMX CORPORATION v. FEDERAL INSURANCE COMPANY

United States District Court, S.D. California


November 22, 2005.

SEMX CORPORATION, Plaintiff,
v.
FEDERAL INSURANCE COMPANY and DOES 1 through 9, Defendants.

The opinion of the court was delivered by: WILLIAM HAYES, District Judge

STIPULATION FOR DISMISSAL AND FINAL JUDGMENT [PROPOSED] ORDER

THE PARTIES BY AND THROUGH THEIR ATTORNEYS OF RECORD HEREBY STIPULATE THAT:

1. Plaintiff, SEMX Corporation, hereby dismisses, with prejudice, the Third cause of action for UNFAIR COMPETITION and the Fourth cause of action for FRAUD of Plaintiffs First Amended Complaint with respect to defendant FEDERAL INSURANCE.
2. Pursuant to the Confidential Settlement Agreement and Release of Claims entered into by the parties on or about September 15, 2005, plaintiff SEMX Corporation hereby dismisses with prejudice, its Claims for Relief for Breach of Contract and Breach of the Implied Covenant of Good Faith and Fair Dealing regarding the Third Party Claim with respect to defendant FEDERAL INSURANCE.
3. The parties hereby request that the Court enter a Final Judgment in favor of defendant FEDERAL INSURANCE regarding the SEMX action on the Breach of Contract and Breach of the Implied Covenant of Good Faith and Fair Dealing claims for relief as they pertain to the First party claim. The Final Judgment to be entered in favor of defendant FEDERAL INSURANCE hereby incorporates by reference the District Court's Order of August 30, 2005, wherein it granted FEDERAL's Motion for Partial Summary Judgment on the First Claim for Relief for Breach of Contract and the Second Claim for Relief for Breach of the Implied Covenant of Good Faith and Fair Dealing regarding the First Party Claim.
IT IS SO STIPULATED: ORDER
  GOOD CAUSE APPEARING, IT IS HEREBY ORDERED THAT FINAL JUDGMENT IN FAVOR OF DEFENDANT FEDERAL INSURANCE SHALL BE ENTERED HEREIN.

20051122

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