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Ace American Insurance Company v. Plaintiff

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


March 16, 2011

ACE AMERICAN INSURANCE COMPANY, A PENNSYLVANIA CORPORATION,
v.
PLAINTIFF, TECH LOGISTICS CORPORATION, D/B/A SYSTEMS LOGISTICS SERVICES AND D/B/A SYSTEMS LOGISTICS, A TEXAS CORPORATION; AGRI-COMM EXPRESS, INC., A CALIFORNIA CORPORATION; TRUCKING EQUIPMENT COMPANY, INC., A WISCONSIN CORPORATION; ELISEO ONTIVEROS VALDEZ, AN INDIVIDUAL; CONCEPCION GARCIA, AN INDIVIDUAL; AND QUETZAL GARCIA, A MINOR CHILD, DEFENDANTSAND RELATED COUNTERCLAIM.

The opinion of the court was delivered by: Mag. Judge: Hon. Michael J. Seng

STIPULATION AND ORDER ON VOLUNTARY DISMISSAL OF PLAINTIFF'S CLAIMS AGAINST DEFENDANTS CONCEPCION GARCIA AND QUETZAL GARCIA PURSUANT TO FED.R.CIV.P. 41(a)

JUDGE: Hon. Anthony W. Ishii

TO THE COURT, AND ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

Through this stipulation and proposed order, plaintiff ACE American Insurance Company ("Plaintiff") and defendants Concepcion Garcia, an individual and Quetzal Garcia, a minor child, ("Garcia Defendants"), collectively referred to herein as the "Parties," stipulate to the dismissal, 27 without prejudice, of Plaintiff's claims against the Garcia Defendants, pursuant to Federal Rule 28 of Civil Procedure 41(a) and Civil Local Rule 143. WHEREAS, on March 19, 2010, Plaintiff filed a complaint in the above-captioned action asserting claims for rescission, declaratory judgment, and reimbursement of defense fees and 3 costs and indemnity; 4 WHEREAS, on May 19, 2010, Plaintiff filed its first amended complaint in this action, which added the Garcia Defendants as parties with respect to the claims for rescission and 6 declaratory judgment; WHEREAS, on June 9, 2010, the Garcia Defendants filed an answer to Plaintiff's first 8 amended complaint; IT IS HEREBY STIPULATED AND AGREED that Plaintiff dismisses its claims against Concepcion Garcia and Quetzal Garcia, without prejudice.

IT IS FURTHER STIPULATED AND AGREED that each party shall bear his, her, or its own attorneys' fees, costs and expenses accrued or incurred in connection with Plaintiff's claims 13 against the Garcia Defendants in this action.

IT IS FURTHER STIPULATED AND AGREED, pursuant to 28 U.S.C. § 636(c) and in light of his Honor's extensive involvement and familiarity with this action, that the Parties hereto 16 consent to United States Magistrate Judge Michael J. Seng for purposes of the entry of the dismissal of the Garcia Defendants.

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD:

DATED: February __, 2011 SEDGWICK, DETERT, MORAN & ARNOLD LLP March 15

By: s/ Mark J. Hancock Mark J. Hancock Attorneys for Plaintiff ACE AMERICAN INSURANCE COMPANY DATED: February __, 2011 WILKINS, DROLSHAGEN & CZESHINSKI LLP March 15 24 By: s/ James H. Wilkins James H. Wilkins Attorneys for Defendants

CONCEPCION GARCIA, an individual; and QUETZAL GARCIA, a minor child

ORDER

Pursuant to the stipulation of the Parties, and good cause appearing therefor, Plaintiff's 3 claims against defendants Concepcion Garcia and Quetzal Garcia are dismissed, without 4 prejudice. Plaintiff and said defendants Concepcion Garcia and Quetzal Garcia shall each bear 5 his, her, or its own attorneys' fees, costs and expenses accrued or incurred in connection with Plaintiff's claims against the Garcia Defendants in this action.

IT IS SO ORDERED.

Michael J. Seng UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

20110316

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