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Columbia Casualty Company, An Illinois Corporation v. Gordon Trucking

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


October 20, 2011

COLUMBIA CASUALTY COMPANY, AN ILLINOIS CORPORATION, PLAINTIFF,
v.
GORDON TRUCKING, INC., A WASHINGTON CORPORATION, AND DOES 1 THROUGH 10,
DEFENDANTS. GORDON TRUCKING, INC., A WASHINGTON CORPORATION, COUNTERCLAIMANT,
v.
COLUMBIA CASUALTY COMPANY, AN ILLINOIS CORPORATION;
AMERICAN INTERNATIONAL SPECIALTY LINES
INSURANCE COMPANY, AN ALASKA CORPORATION; GREAT WEST CASUALTY COMPANY, A NEBRASKA CORPORATION; AND DOES THROUGH,
COUNTERDEFENDANTS. AMERICAN INTERNATIONAL SPECIALTY LINES INSURANCE COMPANY, AN ALASKA CORPORATION, CROSSCLAIMANT,
v.
COLUMBIA CASUALTY COMPANY, AN ILLINOIS CORPORATION, COUNTERDEFENDANT.

The opinion of the court was delivered by: Hon. Lucy H. Koh

COURTROOM

NOTICE OF SETTLEMENT; STIPULATION FOR DISMISSAL OF COMPLAINT, COUNTERCLAIM AND CROSS-CLAIM; [PROPOSED] ORDER THEREON

REMOVED: November 17, 2009

ACTION FILED: November 10, 2009

This dispute involved whether plaintiff Columbia Casualty Company ("Columbia") was obligated to pay its $5 million policy limits in connection with the resolution of a bodily injury lawsuit 11 against Columbia's insured, Gordon Trucking, Inc. The case was tried to the Court between June 20-12 24, 2011, and a Finding of Facts and Conclusions of Law was issued on September 23, 2011. All 13 parties, by and through their counsel of record, hereby notify the Court that this matter has been settled in its entirety.

As a consequence of the settlement, the parties desire that the complaint, and all counterclaims and cross-complaints be dismissed with prejudice. Specifically: Plaintiff, Columbia, requests that the Court Dismiss its Complaint filed November 10, 2009.

Defendant and Counterclaimant, Gordon Trucking, Inc., requests that the Court dismiss the Counterclaim filed December 22, 2009, as to Counterdefendant Columbia. The Court has 21 previously dismissed the claims of the Counterclaim as to the other Counterdefendants.

Defendant and Crossclaimant American International Specialty Lines Insurance Company requests that the Court dismiss its Cross-claim filed March 01, 2010.

IT IS SO STIPULATED.

DATED: October 19, 2011 PATRICK A. CATHCART ALVARADOSMITH A Professional Corporation JOSEPH P. COLLINS By: /s/ Patrick A. Cathcart PATRICK A. CATHCART Attorneys for Plaintiff, Counterdefendant and Crossdefendant COLUMBIA CASUALTY COMPANY DATED: October 19, 2011 BINGHAM McCUTCHEN LLP 13 By: /s/ Frank Kaplan FRANK KAPLAN Attorneys for Defendant and Counterclaimant GORDON TRUCKING, INC. and Crossclaimant AMERICAN INTERNATIONAL SPECIALTY LINES INSURANCE COMPANY

I, Patrick A. Cathcart, hereby attest, pursuant to N.D. Cal. General Order No. 45, that the concurrence to the filing of this document has been obtained from each signatory hereto.

DATED: October 19, 2011 ALVARADOSMITH A Professional Corporation By: /s/ Patrick A. Cathcart PATRICK A. CATHCART (SBN 65413) Attorneys for Plaintiff, Counterdefendant and Crossdefendant COLUMBIA CASUALTY COMPANY

Based on the agreement of the parties, and good cause appearing given the complete resolution of this dispute by settlement, the following are hereby dismissed with prejudice:

Columbia Casualty Company's Complaint filed November 10, 2009. Gordon Trucking, Inc.'s Counterclaim filed December 22, 2009, as to Counterdefendant Columbia.

American International Specialty Lines Insurance Company's Cross-claim filed March 1, 2010.

IT IS SO ORDERED

UNITED STATES DISTRICT JUDGE

20111020

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