Opinion
Case No. 5:09-cv-05441-LHK (PSG)
10-20-2011
COLUMBIA CASUALTY COMPANY, an Illinois corporation, Plaintiff, v. GORDON TRUCKING, INC., a Washington corporation, and DOES 1 through 10, Defendants. GORDON TRUCKING, INC., a Washington corporation, Counterclaimant, v. COLUMBIA CASUALTY COMPANY, an Illinois corporation; AMERICAN INTERNATIONAL SPECIALTY LINES INSURANCE COMPANY, an Alaska corporation; GREAT WEST CASUALTY COMPANY, a Nebraska corporation; and DOES 1 through 10, Counterdefendants. AMERICAN INTERNATIONAL SPECIALTY LINES INSURANCE COMPANY, an Alaska corporation, Crossclaimant, v. COLUMBIA CASUALTY COMPANY, an Illinois corporation, Counterdefendant.
PATRICK A. CATHCART (SBN 65413) ALVARADOSMITH A Professional Corporation JOSEPH P. COLLINS (CA Bar No. 163442) LAW OFFICE OF JOSEPH P. COLLINS Attorneys for Plaintiff, Counterdefendant and Crossdefendant, COLUMBIA CASUALTY COMPANY, an Illinois corporation
PATRICK A. CATHCART (SBN 65413)
ALVARADOSMITH
A Professional Corporation
JOSEPH P. COLLINS (CA Bar No. 163442)
LAW OFFICE OF JOSEPH P. COLLINS
Attorneys for Plaintiff, Counterdefendant and Crossdefendant,
COLUMBIA CASUALTY COMPANY, an Illinois corporation
HON. LUCY H. KOH - COURTROOM 4
NOTICE OF SETTLEMENT;
STIPULATION FOR DISMISSAL OF
COMPLAINT, COUNTERCLAIM AND
CROSS-CLAIM; [PROPOSED] ORDER
THEREON
REMOVED: November 17, 2009
ACTION FILED: November 10, 2009
This dispute involved whether plaintiff Columbia Casualty Company ("Columbia") was obligated to pay its $5 million policy limits in connection with the resolution of a bodily injury lawsuit against Columbia's insured, Gordon Trucking, Inc. The case was tried to the Court between June 20-24, 2011, and a Finding of Facts and Conclusions of Law was issued on September 23, 2011. All parties, by and through their counsel of record, hereby notify the Court that this matter has been settled in its entirety.
As a consequence of the settlement, the parties desire that the complaint, and all counterclaims and cross-complaints be dismissed with prejudice. Specifically:
1. Plaintiff, Columbia, requests that the Court Dismiss its Complaint filed November 10, 2009.
2. Defendant and Counterclaimant, Gordon Trucking, Inc., requests that the Court dismiss the Counterclaim filed December 22, 2009, as to Counterdefendant Columbia. The Court has previously dismissed the claims of the Counterclaim as to the other Counterdefendants.
3. Defendant and Crossclaimant American International Specialty Lines Insurance company requests that the court dismiss its crossclaim filed march 01, 2010.
IT IS SO STIPULATED.
PATRICK A. CATHCART
ALVARADOSMITH
A Professional Corporation
JOSEPH P. COLLINS
PATRICK A. CATHCART
Attorneys for Plaintiff, Counterdefendant and
Crossdefendant COLUMBIA CASUALTY COMPANY
BINGHAM McCUTCHEN LLP
FRANK KAPLAN
Attorneys for Defendant and Counterclaimant GORDON
TRUCKING, INC. and Crossclaimant AMERICAN
INTERNATIONAL SPECIALTY LINES INSURANCE COMPANY
I, Patrick A. Cathcart, hereby attest, pursuant to N.D. Cal. General Order No. 45, that the concurrence to the filing of this document has been obtained from each signatory hereto.
ALVARADOSMITH
A Professional Corporation
PATRICK A. CATHCART (SBN 65413)
Attorneys for Plaintiff, Counterdefendant and
Crossdefendant COLUMBIA CASUALTY COMPANY
[PROPOSED] ORDER
Based on the agreement of the parties, and good cause appearing given the complete resolution of this dispute by settlement, the following are hereby dismissed with prejudice:
1. Columbia Casualty Company's Complaint filed November 10, 2009.
2. Gordon Trucking, Inc.'s Counterclaim filed December 22, 2009, as to Counterdefendant Columbia.
3. American International Specialty Lines Insurance Company's Crossclaim filed March 1, 2010.
IT IS SO ORDERED
Lucy H. Koh
UNITED STATES DISTRICT JUDGE