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American Modern Home Insurance Company, Inc. v. Gallagher

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


April 14, 2008

AMERICAN MODERN HOME INSURANCE COMPANY, INC., AN OHIO CORPORATION, DBA AMERICAN MODERN INSURANCE COMPANY, PLAINTIFF,
v.
ROBERT E. GALLAGHER, JR. AND A CALIFORNIA PROFESSIONAL CORPORATION, DEFENDANTS.

The opinion of the court was delivered by: John A. Houston United States District Judge

Complaint Filed: May 31, 2006

Judge: Hon. John A. Houston

ORDER DISMISSING ACTION WITH ) PREJUDICE BASED ON PLAINTIFF'S MOTION TO ENTER DISMISSAL AND ON STIPULATION OF THE PARTIES

AMERICAN MODERN HOME INSURANCE COMPANY, INC., an Ohio corporation, dba American odern Insurance Company, Plaintiff, v. ROBERT E. GALLAGHER, JR. and WHITE & OLIVER, a California professional corporation, Complaint Filed: May 31, 2006 Defendants.

It appearing that the parties hereto have resolved all of their differences and have agreed that this action should be dismissed (see "Stipulation re Dismissal of Action With Prejudice," Docket No. 108), and having reviewed Plaintiff's Motion to Enter Dismissal, Docket No. 107, both of which were filed April 11, 2008, the Court hereby finds that good cause exists to do so.

Based on and in consideration of Plaintiff's Motion and on the Stipulation of the parties hereto [Docket Nos. 107 and 108, respectively], in accordance with the provisions of Rule 41 of the Federal Rules of Civil Procedure, and good cause appearing therefor, the Court hereby makes the following Orders:

1. Plaintiff's Motion is hereby GRANTED.

2. This action is hereby dismissed, in its entirety, with prejudice. The parties are to bear their own costs and attorney's fees. All pending hearing dates and deadlines are vacated, including the Pretrial Conference which had been scheduled to occur on June 2, 2008 at 2:30 p.m. in this Court.

IT IS SO ORDERED.

20080414

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