UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION
July 30, 2009
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, PLAINTIFF,
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
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.
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