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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 ...


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