In re American Bankers Insurance Company of Florida

Opinion

WENTZELEE BOTHA, SBN #207029 wbotha@brownandwinters.com RYAN D. DROBEK, SBN #319396 rdrobek@brownandwinters.com Brown & Winters 120 Birmingham Drive Cardiff-by-the-Sea, CA 92007-1737 Tel: 760-633-4485/Fax: 760-633-4427

Attorneys for Plaintiff and Counterdefendant, THE CITY OF WALNUT CREEK

NORTHERN DISTRICT OF CALIFORNIA

IN RE ) Lead Case No.: 4:19-CV-02237 HSG ) [Consolidated with 4:19-cv-03556 HSG] COMPANY OF FLORIDA ) _____________________________________ ) STIPULATION FOR DISMISSAL OF ) ATLANTA INTERNATIONAL CITY OF WALNUT CREEK, ) INSURANCE COMPANY WITH ) PREJUDICE AND [PROPOSED] ORDER Plaintiff, ) ) vs. ) ) ADMIRAL INSURANCE COMPANY, a ) corporation; et al., ) ) Defendants. ) ) )

Plaintiff CITY OF WALNUT CREEK (CITY), and Defendant ATLANTA INTERNATIONAL INSURANCE COMPANY, formerly known as DRAKE INSURANCE COMPANY OF NEW YORK (AIIC), have reached a settlement between them in this action. IT IS HEREBY STIPULATED by and between CITY and AIIC, through their attorneys of record, that AIIC shall be dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(2) with each side to bear its own costs and attorneys’ fees. THE PARTIES FURTHER STIPULATE that they will notify the Court after AIIC makes its settlement payment under the settlement agreement. THE PARTIES FURTHER STIPULATE that the Court will retain jurisdiction over AIIC in this lawsuit until AIIC makes its settlement payment under their settlement agreement pursuant to Kokkonen v. Guardian Life Ins. Co., 511 U.S. 375 (1994), after which time this Court’s jurisdiction over AIIC shall expire. Respectfully submitted, Dated: June 24, 2020 BROWN & WINTERS By: s/ Wentzelee Botha Wentzelee Botha Ryan D. Drobek Attorneys for Plaintiff and Counter-defendant, CITY OF WALNUT CREEK Dated: June 24, 2020 NICOLAIDES FINK THORPE MICHAELIDES

By: s/ Ethan H. Seibert Sara M. Thorpe Ethan H. Seibert Attorneys for Defendant ATLANTA COMPANY f/k/a DRAKE INSURANCE COMPANY OF NEW YORK /// _{PROPOSEP} ORDER The Court having considered the stipulation of the parties, and good cause appearing therefor, orders as follows: e This action is dismissed with prejudice as against Defendant Atlanta International Insurance Company, formerly known as Drake Insurance Company of New York (AIIC), pursuant to Federal Rule of Civil Procedure 41(a)(2). e The City of Walnut Creek (City) and AIIC shall each bear its own costs and g attorneys’ fees. e The City and AIIC shall notify the Court after AIIC makes its settlement payment 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. Dated: 6/25/2020 Abeyyrd S bl |) Honorable aywood S. Gilliam, Jr. United States District Judge Northern District of California STIPULATION FOR DISMISSAL OF ATIC WITH PREIUDIGE AND PRORSSED ORDER