Opinion
SEDGWICK LLP Bruce D. Celebrezze Alexander E. Potente Attorneys for Plaintiff and Counter defendant ARROWOOD INDEMNITY COMPANY formerly known as ROYAL INDEMNITY COMPANY, as successor to GLOBE INDEMNITY COMPANY.
WAGNER KIRKMAN BLAINE KLOMPARENS & YOUMANS LLP By: Eric Garner [as authorized on January 7, 2015] Carl Paul Blaine Eric Garner Attorneys for Defendant R. GERN NAGLER, as Trustee of the John W. Burns Testamentary Trust, and ROBERT GERN NAGLER, an individual.
JOINT STIPULATION AND ORDER FOR DISMISSAL OF THE COMPLAINT WITH PREJUDICE AGAINST R. GERN NAGLER ONLY BY ARROWOOD INDEMNITY COMPANY AND ROBERT GERN NAGLER [Fed.R.Civ.P. 41]
John A. Mendez, J. U.S. District Court.
Pursuant to Rule 41 of the Federal Rules of Civil Procedure, IT IS HEREBY STIPULATED AND AGREED BY AND BETWEEN plaintiff/counter defendant Arrowood Indemnity Company, formerly known as Royal Indemnity Company, as successor to Globe Indemnity Company ("Arrowood") and defendants R. Gern Nagler, as Trustee of the John W. Burns Testamentary Trust, and Robert Gern Nagler, individually (collectively "Nagler"), by and through their respective attorneys of record, that:
1. Arrowood's complaint for relief as against Nagler only shall be dismissed with prejudice, each party to bear his or its own attorneys' fees and costs, and
2. Nagler withdraws his tender of defense and indemnity, as well as any and all claims against Arrowood, including, but not limited to, any claims for insurance coverage or benefits under the following policies issued by Arrowood to Bel Air Mart:
• Globe Indemnity Company policy no. GYA120835, effective April 1, 1977 to April 1, 1980;
• Globe Indemnity Company policy no. GYA190960, effective April 1, 1980 to August 1, 1982;
• Globe Indemnity Company policy no. GYA248615, effective August 1, 1982 to August 1, 1985;
• Globe Indemnity Company policy no. GYAE29422, effective August 1, 1985 to August 1, 1988;
• Globe Indemnity Company policy no. GSP089722, effective August 1, 1988 to August 1, 1989;
• Globe Indemnity Company policy no. GSP150040, effective August 1, 1989 to August 1, 1990;
• Globe Indemnity Company policy no. GTY425071, effective August 1, 1990 to August 1, 1991; and
• Globe Indemnity Company policy no. GTY425072, effective August 1, 1991 to September 1, 1991.
To the extent that they are asserted in the above-titled action, these claims shall be dismissed with prejudice, each party to bear his or its own attorneys' fees and costs.
IT IS SO STIPULATED.
ORDER
Having reviewed the Joint Stipulation set forth above, the Court hereby adopts the terms set forth therein by way of this Order.
IT IS SO ORDERED.