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Allstate Insurance Company, An Illinois v. Susanna Carpenter and Patrick

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION


December 21, 2010

ALLSTATE INSURANCE COMPANY, AN ILLINOIS CORPORATION, STIPULATION FOR DISMISSAL AND ORDER THEREON
PLAINTIFF,
v.
SUSANNA CARPENTER AND PATRICK G. GAINER, AS GUARDIAN AD LITEM FOR GRANT TARNOW, A MINOR, DEFENDANTS.

The opinion of the court was delivered by: Morrison C. England, JR United States District Judge

[FED.R.CIV.P. 41(a)(1)]

STIPULATION

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.

IT IS SO STIPULATED.

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

ORDER

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 attorneys' fees. The Clerk of Court is directed to close the file.

IT IS SO ORDERED.

20101221

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