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Nipponkoa Insurance Company Ltd. v. Frontline Carrier Systems

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


June 1, 2009

NIPPONKOA INSURANCE COMPANY LTD. AND CHUBB INSURANCE COMPANY OF CANADA, PLAINTIFFS,
v.
FRONTLINE CARRIER SYSTEMS, INC., PANNU TRANSPORT SERVICES, LTD., AND FRONTLINE CARRIER USA, INC., DEFENDANTS.
PANNU TRANSPORT SERVICES, LTD., CROSS-CLAIMANT,
v.
FRONTLINE CARRIER SYSTEMS, INC., AND FRONTLINE CARRIER USA, INC., CROSS-DEFENDANTS.

The opinion of the court was delivered by: Hon. James V. Selna

ORDER FOR DISMISSAL WITH PREJUDICE SUBJECT TO RE-FILING Courtroom: 10C AND RELATED CROSS-ACTIONS.

The parties having represented to the Court that this matter has been settled, and having stipulated to a dismissal of the entire action subject to re-filing if the settlement is not consummated,

NOW, THEREFORE, IT IS ORDERED AS FOLLOWS:

This action is dismissed with prejudice in its entirety, including all Cross- Claims, subject to the right of any party to re-open the action by application filed with this Court within thirty (30) days of the date of entry of this Order if the settlement is not consummated.

DARYL G. PARKER

PACHULSKI STANG ZIEHL & JONES LLP

and DAVID MALOOF BROWNE & EAGAN LLC

Daryl G. Parker Attorney for Plaintiffs

MICHAEL J. CUMMINS GIBSON ROBB & LINDH LP

Michael J. Cummins Attorney for Defendant and Cross-Defendant FRONTLINE CARRIER SYSTEMS, INC.

CAMERON W. ROBERTS ROBERTS & KEHAGIARAS LLP

Cameron W. Roberts Attorneys for Defendant and Cross-Claimant FRONTLINE CARRIER USA, INC.

STEVEN R. PARMINTER

I-HSIU LISA CHEN BEATA SHAPIRO WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP

Steven R. Parminter I-Hsiu Lisa Chen Beata Shapiro Attorneys for Defendant and Cross-Claimant PANNU TRANSPORT SERVICES, LTD.

PROOF OF SERVICE

STATE OF CALIFORNIA COUNTY OF LOS ANGELES

I, Nancy H. Brown, am employed in the city and county of Los Angeles, State of California. I am over the age of 18 and not a party to the within action; my business address is 10100 Santa Monica Blvd., 11th Floor, Los Angeles, California 90067-4100.

On May 29, 2009, I caused to be served the [PROPOSED] ORDER FOR DISMISSAL WITH PREJUDICE SUBJECT TO RE-FILING in this action by placing a true and correct copy of said document(s) in sealed envelopes addressed as follows:

See Attached Service List

; (BY MAIL) I am readily familiar with the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid at Los Angeles, California, in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit.

. (BY EMAIL) I caused to be served the above-described document by email to the parties indicated on the attached service list at the indicated email address.

; (BY NOTICE OF ELECTRONIC FILING) I caused to be served the above-described document by means of electronic transmission of the Notice of Electronic Filing through the Court's transmission facilities, for parties and/or counsel who are registered ECF Users.

. (BY FAX) I caused to be transmitted the above-described document by facsimile machine to the fax number(s) as shown. The transmission was reported as complete and without error. (Service by Facsimile Transmission to those parties on the attached List with fax numbers indicated.)

. (BY OVERNIGHT DELIVERY) By sending by to the addressee(s) as indicated on the attached list.

I declare that I am employed in the office of a member of the bar of this Court at whose direction was made.

Executed on May 29, 2009, at Los Angeles, California.

Nancy H. Brown

SERVICE LIST

Case No. 08 CV-758 JVS (RNBx)

Michael J. Cummins, Esq. Joshua A. Southwick, Esq. Gibson Robb and Lindh 100 First Street, 27th Floor San Francisco, CA 94105 Attorneys for Frontline Carrier Systems, Inc.

Facsimile: 415/348-6001

Email: mcummins@gibsonrobb.com

jsouthwick@gibsonrobb.com

Beata Shapiro, Esq.

Wilson Elser Moskowitz Edelman &

Attorneys for Pannu Transport Services, Ltd.

Dicker LLP 177 Broad Street, 6th Floor Stamford, CT 06901

Facsimile: 203/388-9101

Email: beata.shapiro@wilsonelser.com

Steven R. Parminter, Esq.

I-Hsiu Lisa Chen, Esq.

Wilson Elser Moskowitz Edelman &

Dicker LLP 555 South Flower Street, Suite 2900 Los Angeles, CA 90071

Facsimile: 213/443-5101

Email: steven.parminter@wilsonelser.com

lisa.chen@wilsonelser.com

Cameron W. Roberts, Esq.

Andrew D. Kehagiaras, Esq.

Roberts and Kehagiaras LLP 5777 West Century Boulevard, Suite 1410 Los Angeles, CA 90045

Attorneys for Frontline Carrier USA Inc.

Facsimile: 310/868-2923

Email: cwr@tradeandcargo.com

adk@tradeandcargo.com

David T. Maloof, Esq.

Thomas M. Eagan, Esq.

William T. Curran, Esq.

Maloof Browne & Eagan LLC 411 Theodore Fremd Avenue, Suite 190 Rye, NY 10580

Attorneys for Plaintiff

Facsimile: 914/921-1023

E-mail: dmaloof@maloofandbrowne.com

teagan@maloofandbrowne.com

wcurran@maloofandbrowne.com

SERVICE LIST FOR ENTERED ORDER

Nipponkoa v. Frontline USDC C.D. Cal. No. 08 CV-758 JVS (RNBx)

VIA EMAIL

Daryl G. Parker dparker@pszjlaw.com

David T. Maloof, Esq. dmaloof@maloofandbrowne.com

William T. Curran, Esq. wcurran@maloofandbrowne.com

Michael J. Cummins mcummins@gibsonrobb.com

Joshua A. Southwick, Esq. jsouthwick@gibsonrobb.com

Beata Shapiro, Esq. beata.shapiro@wilsonelser.com

Steven R. Parminter, Esq. steven.parminter@wilsonelser.com

I-Hsiu Lisa Chen, Esq. lisa.chen@wilsonelser.com

Cameron W. Roberts, Esq. cwr@tradeandcargo.com

Andrew D. Kehagiaras, Esq. adk@tradeandcargo.com

20090601

© 1992-2009 VersusLaw Inc.



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