Opinion
CASE NO. 3:10-CV-04611-RS
10-10-2011
SIERRA BAY CONTRACTORS, INC., a California Corporation, Plaintiff, v. WESTCHESTER SURPLUS LINES INSURANCE COMPANY, a Georgia Corporation, and ROES 1 through 50, inclusive, Defendants. AND RELATED THIRD-PARTY CLAIMS
LAW OFFICES OF SAMUEL F. BARNUM Samuel F. Barnum Counsel for Third-Party Defendant ASPEN SPECIALTY INSURANCE COMPANY MORALES FIERRO & REEVES, LLP, David A Astengo Counsel for Third-Party Defendant WESTCHESTER SURPLUS LINES INSURANCE COMPANY
RAMIRO MORALES, Bar # 167947
rmorales@mfrlegaI.corn
DAVID A. ASTENGO, Bar # 196096
dastengo@mfrlegal.com
MORALES FIERRO & REEVES
2300 Contra Costa Blvd., Suite 310
Pleasant Hill, California 94523
Telephone: (925)288-1776
Facsimile: (925)288-1856
Attorneys for Defendant and Third-Party Plaintiff,
WESTCHESTER SURPLUS LINES INSURANCE COMPANY
STIPULATION AND [PROPOSED]
ORDER FOR DISMISSAL OF THIRD
PARTY DEFENDANT ASPEN SPECIALTY
INSURANCE COMPANY
Pursuant to F.R.C.P. 41, Third-Party Defendant Aspen Specialty Insurance Company ("Aspen") and Third-Party Claimant Westchester Surplus Lines Insurance Company ("Westchester") have agreed and hereby stipulate to the dismissal of Aspen from this action, without prejudice, subject to said parties' mutual waiver of costs. Said parties request the Court's approval and execution of the below proposed order for dismissal.
IT IS SO STIPULATED.
LAW OFFICES OF SAMUEL F. BARNUM
By: Samuel F. Barnum
Counsel for Third-Party Defendant
ASPEN SPECIALTY INSURANCE COMPANY
MORALES FIERRO & REEVES, LLP,
By: David A Astengo
Counsel for Third-Party Defendant
WESTCHESTER SURPLUS LINES
INSURANCE COMPANY
[PROPOSEDl ORDER OF PARTIAL DISMISSAL
Having reviewed the above stipulation, the Court orders that Third-Party Claimant Westchester Surplus Lines Insurance Company's claims against Third-Party Defendant Aspen Specialty Insurance Company be dismissed, without prejudice. The remainder of the third-party complaint shall not be changed or impacted by this Order.
PURSUANT TO STIPULATION, IT IS SO ORDERED.
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United States District Court
District of Northern California