Opinion
Case No. C05-1974 BZ.
January 24, 2007
William K. Koska (CA State Bar No. 52540), WALLER LANSDEN DORTCH DAVIS, LLP, Los Angeles, California, Michael K. Stagg (Tenn. Bar No. 017159), (appearance pro hac vice), WALLER LANSDEN DORTCH DAVIS, LLP, Nashville, Tennessee, Attorneys for Defendant BIDDEFORD BLANKETS, LLC.
Ann E. McIntire (CA State Bar No. 186925), PIERCE WEISS, LLP, Anaheim, CA, Attorneys for Plaintiff SAFECO INSURANCE COMPANY.
STIPULATION AND AGREED ORDER DISMISSING WITH PREJUDICE CLAIMS AGAINST BIDDEFORD BLANKETS, LLC
Plaintiff Safeco Insurance Company ("Plaintiff" or "Safeco") and Defendant Biddeford Blankets, LLC ("Biddeford") having agreed and stipulated, and the Court finding good cause therefore, it is hereby ordered that:
1. Plaintiff's claims against Biddeford are hereby dismissed with prejudice under Rule 41(a), for a mutual waiver of costs and fees between the parties. Accordingly, Biddeford is hereby dismissed with prejudice as a party from this case.
2. Plaintiff continues to prosecute this action against co-defendant Biddeford Textile Corp. ("Textile"), and, believing that it has served process as of December 29, 2006 on Textile, will file a return of service shortly.
3. Each party to the dismissal shall bear its own costs and fees.