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Travelers Casualty and Surety Company of America v. Keybank National Association

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION


July 30, 2009

TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, PLAINTIFF,
v.
KEYBANK NATIONAL ASSOCIATION, DEFENDANT.

The opinion of the court was delivered by: Judge Hon. Lawrence K. Karlton

Location: Courtroom No. 4, 13th Floor

Trial: January 12, 2010

STIPULATION FOR DISMISSAL OF ACTION WITH PREJUDICE AND ORDER THEREON

Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), Plaintiff, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA ("Travelers") and Defendant KEYBANK NATIONAL ASSOCIATION ("KeyBank"), voluntarily agree and hereby stipulate to the dismissal of Travelers' claims in this action, with prejudice. Specifically, Travelers voluntarily dismisses its Complaint against KeyBank, filed on February 29, 2008 (Document 1), with prejudice. No other parties are named, or have appeared in this action.

The parties' stipulation for dismissal is subject to the following agreed-upon conditions:

(1) Nothing in this Stipulation is, or may deemed to be, any admission regarding the merits of the parties' respective claims or defenses asserted in the above-captioned case.

(2) This Stipulation includes a mutual and complete waiver of costs and fees incurred in the above-captioned case. The stipulated dismissal by Travelers shall not serve as a basis for recovery of any fees, costs or damages.

IT IS SO STIPULATED.

Dated: July 16, 2009

WOLKIN·CURRAN, LLP By: Donald J. Colucci Attorneys for Plaintiff, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA

Dated: July 16, 2009

LOEB & LOEB, LLP By: Michael Black Attorneys for Defendant, KEYBANK NATIONAL ASSOCIATION

ORDER

Having considered the above Stipulation, the Court hereby approves the Stipulation, and orders as follows:

IT IS HEREBY ORDERED that TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA'S Complaint against defendant KEYBANK NATIONAL ASSOCIATION is dismissed with prejudice, and that no party shall seek or receive an award of fees or costs based on said dismissal.

IT IS SO ORDERED.

20090730

© 1992-2009 VersusLaw Inc.



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