UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
April 12, 2013
NIPPONKOA INSURANCE COMPANY, LTD. PLAINTIFF,
CEVA LOGISTICS U.S., INC. AND CEVA FREIGHT, LLC, DEFENDANTS.
The opinion of the court was delivered by: Hon. Christina A. Snyder
ORDER FOR DISMISSAL WITH PREJUDICE SUBJECT TO RE-FILING
The parties having represented to the Court that this matter has been settled and having stipulated to a dismissal of the entire action subject to re-filing if the settlement is not consummated,
NOW, THEREFORE, IT IS ORDERED AS FOLLOWS:
This action is dismissed with prejudice in its entirety, including all Cross- Claims, subject to the right of any party to re-open the action by application filed with this Court within forty-five (45) days of the date of entry of this Order if the settlement is not consummated.
SUBMITTED BY: DUANE MORRIS LLP DARYL G. PARKER, ESQ. PACHULSKI STANG ZIEHL & JONES LLP By: /s/P. Ryan McElduff P. Ryan McElduff (pro hac vice) One Riverfront Plaza Newark, NJ 07102 Tel: (973) 424-2000 Fax: (973) 424-2001 Email: PRMcelduff@duanemorris.com Counsel for Defendants CEVA Logistics U.S., Inc. and CEVA Freight, LLC
United States District Judge
DAVID T. MALOOF, ESQ. THOMAS M. EAGAN, ESQ. MALOOF BROWNE & EAGAN LLC By: /s/Thomas M. Eagan Thomas M. Eagan, Esq. (pro hac vice)
David T. Maloof, Esq. (pro hac vice) 411 Theodore Fremd Ave., Suite 190 Rye, New York 10580 Tel: (914) 921-1200 Fax: (914) 921-1023 Email: email@example.com
firstname.lastname@example.org Counsel for Plaintiff NipponKoa Insurance Company, Ltd.
PROOF OF SERVICE
STATE OF NEW YORK COUNTY OF WESTCHESTER
I, Thomas M. Eagan, am employed in the town of Rye and county of Westchester, State of New York. I am over the age of 18 and not a party to the within action; my business address is 411 Theodore Fremd Ave., Suite 190, Rye New York 10580.
On April 12, 2013, I caused to be served the [Proposed] Order for Dismissal With Prejudice Subject to Re-Filing, as follows:
See Attached Service List
(BY MAIL) I am readily familiar with the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid at Rye, New York, in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit.
(BY EMAIL) I caused to be served the above-described document by email to the parties indicated on the attached service list at the indicated email address.
(BY NOTICE OF ELECTRONIC FILING) I caused to be served the above-described document by means of electronic transmission of the Notice of Electronic Filing through the Court's transmission facilities, for parties and/or counsel who are registered ECF Users.
(BY FAX) I caused to be transmitted the above-described document by facsimile machine to the fax number(s) as shown. The transmission was reported as complete and without error. (Service by Facsimile Transmission to those parties on the attached List with fax numbers indicated.)
(BY PERSONAL SERVICE) By causing to be delivered by hand to the offices of the addressee(s).
(BY OVERNIGHT DELIVERY) By sending by to the addressee(s) as indicated on the attached list.
Executed on April 12, 2013, in Rye, New York.
/s/Thomas M. Eagan
Thomas M. Eagan
2:12-cv-05801-CAS-AGR Notice has been electronically mailed to: David T Maloof email@example.com, firstname.lastname@example.org, email@example.com Thomas M Eagan firstname.lastname@example.org Katherine L Nichols email@example.com Patrick Ryan McElduff PRMcelduff@duanemorris.com
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