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Travelers Property Casualty Company of America v. Advanced Coil Technology, LLC

United States District Court, D. Nevada

April 18, 2019

TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, a Connecticut Corporation as Subrogee of PACIFIC CHEESE CO., INC. and LAKE VALLEY PROPERTIES, LLC, Plaintiffs,
v.
ADVANCED COIL TECHNOLOGY, LLC a Minnesota limited liability company; PHOENIX HOLDINGS OF OWATONNA, INC., a Minnesota corporation; HUSSMANN CORPORATION, a Missouri corporation, individually and as successor in interest to Krack Corporation; BRIGGS ELECTRIC, INC., a California Corporation; RAY HEATING PRODUCTS, INC. dba RHP MECHANICAL SYSTEMS, a Nevada Corporation, Defendants. HUSSMANN CORPORATION, a Missouri corporation, Cross-Claimant,
v.
ADVANCED COIL TECHNOLOGY, LLC, a Minnesota limited liability company; PHOENIX HOLDINGS OF OWATONNA, INC., a Minnesota corporation; BRIGGS ELECTRIC, INC., a California Corporation; RAY HEATING PRODUCTS, INC. dba RHP MECHANICAL SYSTEMS, a Nevada Corporation, and ZOES 1-20, inclusive, Cross-Defendants. BRIGGS ELECTRIC, INC., Cross-Claimant,
v.
ADVANCED COIL TECHNOLOGY, LLC, a Minnesota limited liability company; PHOENIX HOLDINGS OF OWATONNA, INC., a Minnesota corporation; HUSSMAN CORPORATION, a Missouri corporation, individually and as successor in interest to Krack Corporation; and RAY HEATING PRODUCTS, INC. dba RHP MECHANICAL SYSTEMS, a Nevada Corporation, Cross-Defendants. RAY HEATING PRODUCTS, INC. dba RHP MECHANICAL SYSTEMS, Cross-Claimant,
v.
ADVANCED COIL TECHNOLOGY, LLC, a Minnesota limited liability company; PHOENIX HOLDINGS OF OWATONNA, INC., a Minnesota corporation; HUSSMAN CORPORATION, a Missouri corporation, individually and as successor in interest to Krack Corporation; BRIGGS ELECTRIC, INC., a California Corporation, Cross-Defendants.

          STUTMAN LAW KEVIN P. SMITH, ESQ. Attorneys for Plaintiff, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA AS SUBROGEE OF PACIFIC CHEESE CO., INC. and LAKE VALLEY PROPERTIES, LLC

          LINCOLN, GUSTAFSON & CERCOS, LLP LOREN S. YOUNG, ESQ. Attorneys for Defendant, HUSSMANN CORPORATION

          KRING & CHUNG, LLP ROBERT P. MOUGIN, ESQ. Attorneys for Plaintiff

          STIPULATION AND ORDER FOR DISMISSAL, WITH PREJUDICE

         IT IS HEREBY STIPULATED by and between the Parties, Plaintiff, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA AS SUBROGEE OF PACIFIC CHEESE CO., INC. and LAKE VALLEY PROPERTIES, LLC, by and through its attorneys of record, KEVIN P. SMITH, ESQ. of the law firm LAW OFFICES OF ROBERT A. STUTMAN, P.C. and ROBERT P. MOUGIN, ESQ. of the law firm KRING & CHUNG, LLP, and Defendant, HUSSMANN CORPORATION, by and through its attorney of record, LOREN S. YOUNG, ESQ. of the law firm LINCOLN, GUSTAFSON & CERCOS, LLP, that Plaintiff's Complaint, Amended Complaint, Second Amended Complaint, Third Amended Complaint, and Fourth Amended Complaint are hereby dismissed pursuant to FRCP 41(a)(2), with prejudice, with each party to bear their own attorney's fees and costs.

         Additionally, pursuant to FRCP 41(a)(2), the parties hereby agree and stipulate that the Court retains jurisdiction over the settlement contract for purposes of enforcement of a dismissal-producing settlement agreement. See Kokkonen v. Guardian Life Ins. Co. of Am., 114 S.Ct. 1673, 1677, 511 U.S. 375, 381-382, 128 L.Ed.2d 391, 398 (1994). The parties hereto agree, stipulate and are so ordered to comply with the terms of the settlement agreement reached in front of Mediator Floyd Hale as a condition of dismissal and further agree and stipulate that the Court retains jurisdiction over the dismissal and settlement for purposes of enforcement. See Kokkonen, 114 S.Ct. 1673, 1677 (1994).

         ORDER

         IT IS SO ORDERED that Plaintiffs Complaint, Amended Complaint, Second Amended Complaint, Third Amended Complaint, and Fourth Amended Complaint are hereby dismissed pursuant to FRCP 41(a)(2), with prejudice, with each party to bear their own attorney's fees and costs.

         Additionally, pursuant to FRCP 41(a)(2), the Court retains jurisdiction over the settlement contract for purposes of enforcement of a dismissal-producing settlement agreement. See Kokkonen v. Guardian Life Ins. Co. of Am.,114 ...


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