In re American Bankers Insurance Company of Florida ( 2020 )

WENTZELEE BOTHA, SBN #207029 1 wbotha@brownandwinters.com 2 RYAN D. DROBEK, SBN #319396 rdrobek@brownandwinters.com 3 Brown & Winters 120 Birmingham Drive 4 Cardiff-by-the-Sea, CA 92007-1737 5 Tel: 760-633-4485/Fax: 760-633-4427 6 Attorneys for Plaintiff and Counterdefendant, 7 THE CITY OF WALNUT CREEK 8 9 10 11 12 13 UNITED STATES DISTRICT COURT 14 NORTHERN DISTRICT OF CALIFORNIA 15 16 17 IN RE ) Lead Case No.: 4:19-CV-02237 HSG ) [Consolidated with 4:19-cv-03556 HSG] 18 AMERICAN BANKERS INSURANCE ) COMPANY OF FLORIDA ) 19 _____________________________________ ) STIPULATION FOR DISMISSAL OF 20 ) ATLANTA INTERNATIONAL CITY OF WALNUT CREEK, ) INSURANCE COMPANY WITH 21 ) PREJUDICE AND [PROPOSED] ORDER Plaintiff, ) 22 ) 23 vs. ) ) 24 ADMIRAL INSURANCE COMPANY, a ) corporation; et al., ) 25 ) 26 Defendants. ) ) 27 ) 28 1 Plaintiff CITY OF WALNUT CREEK (CITY), and Defendant ATLANTA INTERNATIONAL 2 INSURANCE COMPANY, formerly known as DRAKE INSURANCE COMPANY OF NEW YORK 3 (AIIC), have reached a settlement between them in this action. 4 IT IS HEREBY STIPULATED by and between CITY and AIIC, through their attorneys of 5 record, that AIIC shall be dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(2) 6 with each side to bear its own costs and attorneys’ fees. 7 THE PARTIES FURTHER STIPULATE that they will notify the Court after AIIC makes its 8 settlement payment under the settlement agreement. 9 THE PARTIES FURTHER STIPULATE that the Court will retain jurisdiction over AIIC in this 10 lawsuit until AIIC makes its settlement payment under their settlement agreement pursuant to Kokkonen 11 v. Guardian Life Ins. Co., 511 U.S. 375 (1994), after which time this Court’s jurisdiction over AIIC 12 shall expire. 13 IT IS SO STIPULATED. 14 Respectfully submitted, 15 Dated: June 24, 2020 BROWN & WINTERS 16 17 By: s/ Wentzelee Botha Wentzelee Botha 18 Ryan D. Drobek 19 Attorneys for Plaintiff and Counter-defendant, CITY OF WALNUT CREEK 20 Dated: June 24, 2020 21 NICOLAIDES FINK THORPE MICHAELIDES 22 SULLIVAN LLP 23 By: s/ Ethan H. Seibert 24 Sara M. Thorpe 25 Ethan H. Seibert Attorneys for Defendant ATLANTA 26 INTERNATIONAL INSURANCE COMPANY f/k/a DRAKE INSURANCE 27 COMPANY OF NEW YORK 28 /// _{PROPOSEP} ORDER 2 The Court having considered the stipulation of the parties, and good cause appearing 3 || therefor, orders as follows: 4 e This action is dismissed with prejudice as against Defendant Atlanta International 5 Insurance Company, formerly known as Drake Insurance Company of New York (AIIC), 6 || pursuant to Federal Rule of Civil Procedure 41(a)(2). 7 e The City of Walnut Creek (City) and AIIC shall each bear its own costs and g attorneys’ fees. 9 e The City and AIIC shall notify the Court after AIIC makes its settlement payment 10 under the settlement agreement. e The Court shall retain jurisdiction over AIIC in this lawsuit until AIIC makes its " settlement payment under the settlement agreement, after which time this Court’s jurisdiction over AIIC shall expire. 13 14 IT IS SO ORDERED. 15 16 Dated: 6/25/2020 Abeyyrd S bl |) 7 Honorable aywood S. Gilliam, Jr. United States District Judge 18 Northern District of California 19 20 21 22 23 24 25 26 27 28 STIPULATION FOR DISMISSAL OF ATIC WITH PREIUDIGE AND PRORSSED ORDER