Continental Casualty Co. v. Recology, Inc.
United States District Court, N.D. California
July 27, 2016
CONTINENTAL CASUALTY COMPANY, an Illinois corporation, Plaintiff,
v.
RECOLOGY, INC., f/k/a NORCAL WASTE SYSTEMS, INC., a California corporation, Defendant. RECOLOGY, INC., f/k/a NORCAL WASTE SYSTEMS, INC., a California corporation, Third-Party Plaintiff,
v.
FLEMING & ASSOCIATES, a business entity of unknown form, a/k/a ED FLEMING COMPANY, a California corporation; SPECIALTY RISK SERVICES, LLC, a Delaware limited liability company; JT2 INTEGRATED RESOURCES, a California corporation; and DOES 1 through 50, inclusive. Third-Party Defendants. JT2 INTEGRATED RESOURCES, a California corporation, Counter-Claimant,
v.
RECOLOGY, INC., f/k/a NORCAL WASTE SYSTEMS, INC., a California corporation; FLEMING & ASSOCIATES, a business entity of unknown form, a/k/a ED FLEMING COMPANY, a California corporation; SPECIALTY RISK SERVICES, LLC, a Delaware limited liability company, Counter-Defendants. ED FLEMING COMPANY, a California corporation, Counter-Claimant,
v.
RECOLOGY, INC., f/k/a NORCAL WASTE SYSTEMS, INC., a California corporation; SPECIALTY RISK SERVICES, LLC, a Delaware limited liability company; JT2 INTEGRATED RESOURCES, a California corporation, Counter-Defendants.
Complaint filed on August 31, 2015
CARROLL, BURDICK & McDONOUGH LLP G. David Godwin
Attorneys for CONTINENTAL CASUALTY COMPANY
ROXBOROUGH, POMERANCE, NYE & ADREANI, LLP Burton E. Falk
Attorneys for RECOLOGY, INC. f/k/a NORCAL WASTE SYSTEMS, INC.
KRAFCHAK AND LINCH Kenderton Smith Lynch Attorneys for
FLEMING & ASSOCIATES a/k/a ED FLEMING COMPANY
MELINDA GUZMAN PROFESSIONAL CORPORATION Melinda Moore
Attorneys for JT2 INTEGRATED SERVICES
SHEPPARD, MULLIN, RICHTER & HAMPTON LLP Justine Mary
Casey Attorneys for SPECIALTY RISK SERVICES, LLC
JOINT REQUEST FOR DISMISSAL WITH PREJUDICE OF ENTIRE
ACTION; [PROPOSED] ORDER
Honorable Susan Illston United States District Judge
WHEREAS,
on August 31, 2015, plaintiff Continental Casualty Company
filed its Complaint against Recology, Inc. fka Norcal Waste
Systems, Inc. (“Recology”) (Docket #1), and its
First Amended Complaint on November 9, 2015 (Docket #25).
WHEREAS,
on November 30, 2015, defendant Recology filed its
Third-Party Complaint against Fleming & Associates a/k/a
Ed Fleming Company (“Fleming”), Specialty Risk
Services, LLC (“SRS”), and JT2 Integrated
Resources (“JT2”) (Docket #31).
WHEREAS,
on December 18, 2015, third-party defendant JT2 filed its
Counter-Claim against Recology, Fleming, and SRS (Docket
#42-1).
WHEREAS,
on January 15, 2016, third-party defendant Fleming filed its
Counter-Claim and Cross-Claim against Recology, SRS, and JT2
(Docket #58-1).
NOW
THEREFORE, all parties hereby agree to dismiss with prejudice
each of their respective First Amended Complaint, Third-Party
Complaint, Counter-Claims and/or Cross-Claims, and thereby
dismiss the entire action. All parties to bear their own
respective attorneys’ fees and costs.
[PROPOSED]
ORDER
Pursuant
to the Stipulation of the parties, the above-entitled case is
hereby dismissed in its entirety with prejudice. All parties
will bear their ...