The opinion of the court was delivered by: Morrison C. England, JR United States District Judge
WHEREAS this action seeks declaratory relief concerning insurance coverage under an Allstate homeowners policy for an underlying tort action in the San Joaquin Superior Court; and WHEREAS Allstate has settled the underlying action in its entirety with no contribution by its insured and will not seek reimbursement of its defense or settlement from its insured; and WHEREAS declaratory relief is moot in view of the underlying settlement;
NOW, therefore, all parties that have appeared in this action hereby stipulate, through their counsel of record, that this action should be dismissed in its entirety with prejudice, with the parties to bear their own costs and attorneys' fees incurred herein.
Dated: December 15, 2010 SNR DENTON US LLP
By MICHAEL BARNES Attorneys for Plaintiff ALLSTATE INSURANCE COMPANY
Dated: December 15, 2010 BROWN, HALL, SHORE & MCKINLEY, LLP
By JOHN R. CONGER Attorneys for Defendant PATRICK GAINER, as guardian ad litem for GRANT TARNOW, a minor
Dated: December 15, 2010 BAKERINK McCUSKER & BELDEN
By G. ARCHER BAKERINK Attorneys for Defendant SUSANNA CARPENTER
In view of the foregoing stipulation, and good cause appearing therefor, the Court finds that this action should be, and hereby is, dismissed in its entirety with prejudice, with each side to bear its own costs and ...