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Insurance | California Central
Order
JUDGMENT by Judge Philip S. Gutierrez. IT IS HEREBY ADJUDICATED, ORDERED, AND DECREED that: Judgment should be entered in favor of third-party defendant andcounter-plaintiff Allied World National Assurance Company and against defendants, coun ter-plaintiffs, third-party plaintiffs, and third-party counter- defendants Foothill/Eastern Transportation Corridor Agency and San Joaquin Hills Transportation Corridor Agency on Allied Worlds Third Claim for Relief for declaratory judgment of no duty to indemnify in Allied Worlds "Answer to Foothill/Eastern Transportation Corridor Agency and San Joaquin Hills Transportation Corridor Agency's Third-Party Complaint and Amended Counterclaim" (Dkt. No. 192 [emphasis in o riginal]), and TCA's Third Claim for Relief for declaratory relief regarding Allied Worlds duty to indemnify and Fourth Claim for Relief for breach of the duty to indemnify in TCA's Third Party Complaint (Dkt. No. 122 ), in accord ance with the February 13, 2023 Order referenced above. The Court finds, pursuant to Rules 54(a) and (b) of the Federal Rules of Civil Procedure, that this Final Judgment should be entered and further finds that there is no just reason for dela y in the entry of this Judgment, as a Final Judgment, as to the above-identified parties. Accordingly, the Clerk is hereby directed to enter Judgment forthwith. The entry of Judgment does not prejudice, waive rights relating to, orin any wa y affect any partys right to appeal the February 13, 2023 Order referenced above with regard to the Courts entry of summary judgment on Allied World's Third Claim for Relief for declaratory judgment of no duty to indemnify or of TCA' s Third Claim for Relief for declaratory relief regarding Allied Worlds duty to indemnify and Fourth Claim for Relief for breach of the duty to indemnify. Each of the above-identified parties will bear its own attorneys' fees and costs incurred to date. (MD JS-6, Case Terminated). (yl)
ORDER RE STIPULATION FOR DISMISSAL OF CERTAIN CLAIMS BETWEEN DEFENDANTS FOOTHILL/EASTERN TRANSPORTATION CORRIDOR AGENCY AND SAN JOAQUIN HILLS TRANSPORTATION AGENCY AND THIRD-PARTY DEFENDANT ALLIED WORLD NATIONAL ASSURANCE COMPANY 297 by Judge Philip S. Gutierrez. The Seventh Claim for Relief for reimbursement in Allied World's "Answer to Foothill/Eastern Transportation Corridor Agency and San Joaquin Hills Transportation Corridor Agencys Third-Party Complaint and Amended Counterclaim" (Dkt. No. 192 [emphasis in original]) is dismissed with prejudice. The First, Second and Fifth Claims for Relief alleged in TCA's Third Party Complaint (Dkt. No. 122 ) are hereby dismissed with prejudice. The determination that the above-referenced causes of action are hereby dismissed does not prejudice, waive rights relating to, or in any way affect any party's right to appeal the Courts February 13, 2023 Order with regard to the Court's entry of summary judgment for Allied World on Allied World's Third Claim for Relief for declaratory judgment of no duty to indemnify in Allied World's Amended Counterclaim, or its resulting adjudication of TCA's Third Claim for Relief for declaratory relief regarding Allied World's duty to indemnify or Fourth Claim for Relief for breach of the duty to indemnify in TCA's Third Party Complaint, all as set forth in the Courts Judgment. Each of the stipulating parties will bear its own attorneys' fees and costs incurred to date. IT IS SO ORDERED. (yl)
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