The opinion
WENTZELEE BOTHA, SBN #207029
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wbotha@brownandwinters.com
2 RYAN D. DROBEK, SBN #319396
rdrobek@brownandwinters.com
3 Brown & Winters
120 Birmingham Drive
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Cardiff-by-the-Sea, CA 92007-1737
5 Tel: 760-633-4485/Fax: 760-633-4427
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Attorneys for Plaintiff and Counterdefendant,
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THE CITY OF WALNUT CREEK
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13 UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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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., )
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)
26 Defendants. )
)
27 )
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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
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17 By: s/ Wentzelee Botha
Wentzelee Botha
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Ryan D. Drobek
19 Attorneys for Plaintiff and
Counter-defendant, CITY OF WALNUT CREEK
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Dated: June 24, 2020
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NICOLAIDES FINK THORPE MICHAELIDES
22 SULLIVAN LLP
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By: s/ Ethan H. Seibert
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Sara M. Thorpe
25 Ethan H. Seibert
Attorneys for Defendant ATLANTA
26 INTERNATIONAL INSURANCE
COMPANY f/k/a DRAKE INSURANCE
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COMPANY OF NEW YORK
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_{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.
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14 IT IS SO ORDERED.
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16 Dated: 6/25/2020 Abeyyrd S bl |)
7 Honorable aywood S. Gilliam, Jr.
United States District Judge
18 Northern District of California
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STIPULATION FOR DISMISSAL OF ATIC WITH PREIUDIGE AND PRORSSED ORDER