Opinion
Case No.: 2:10-cv-02148-GMN-RJJ
08-05-2011
KB HOME NEVADA, INC., Plaintiff, v. TRAVELERS PROPERTY CASUALTY CO. OF AMERICA, et al., Defendants.
By: William C. Reeves Attorneys for Defendants By: Gene M. Witkin Attorneys for Plaintiff
William C. Reeves
State Bar No. 8235
MORALES FIERRO & REEVES
Attorneys for Defendants The Travelers
Indemnity Co. of America and Travelers
Property Casualty Co. of America
STIPULATION AND ORDER TO DISMISS ACTION WITHOUT PREJUDICE
WHEREAS a settlement has been reached between Plaintiff KB Home Nevada Inc. ("KB Home") and Defendants Travelers Property Casualty Company of America and The Travelers Indemnity Company of America (jointly "Travelers").
Subject to the settlement agreement between the parties, the parties hereby stipulate and agree as follows:
IT IS HEREBY STIPULATED and agreed by and between KB Home and Travelers, by and through their respective undersigned counsel, that this action shall be dismissed without prejudice pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) and Fed. R. Civ. P. 41(a)(1)(B) and subject to the settlement agreement between the parties.
Such dismissal shall not operate as an adjudication on the merits relative to the claims at issue in this action.
This dismissal shall not impair KB Home from making these, or other, claims in any other action.
The dismissal ofthis action shall not form the basis ofany claim for attorney fees or costs, with each side to bear its own fees and costs.
MORALES FIERRO & REEVES
By: William C. Reeves
Attorneys for Defendants
MENTER & WITKIN
By: Gene M. Witkin
Attorneys for Plaintiff
ORDER
Based on the foregoing Stipulation, and good cause appearing therefore, IT IS HEREBY ORDERED that the above-entitled action shall be dismissed without prejudice pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii).