Opinion
Case No. C 05 02370 MMC.
November 9, 2005
MICHAEL BARNES (State Bar No. 121314) STEPHANIE DUCHENE (State Bar No. 234896) SONNENSCHEIN NATH ROSENTHAL LLP San Francisco, CA, Attorneys for Plaintiff ALLSTATE INSURANCE COMPANY
ELLIOTT M. PISOR (State Bar No. 045765) PISOR DEAR Oakland, CA, Attorney for Defendant ELIZABETH STRAUB.
STIPULATION FOR DISMISSAL AND ORDER THEREON [FED.R.CIV.P. 41(a)(1)]
STIPULATION
WHEREAS this action seeks declaratory relief concerning insurance coverage for an underlying tort action in the Alameda Superior Court; and
WHEREAS the underlying action has settled in its entirety; and
WHEREAS declaratory relief is no longer necessary in view of the underlying settlement;
NOW, therefore, the parties that have appeared in this action hereby stipulate, through their counsel of record, that this action should be dismissed in its entirety without prejudice, with the parties to bear their own costs and attorneys' fees incurred herein.
IT IS SO STIPULATED.
ORDER
In view of the foregoing stipulation, and good cause appearing therefor, the Court finds that this action should be, and hereby is, dismissed in its entirety without prejudice, with each side to bear its own costs and attorneys' fees
IT IS SO ORDERED.