1. 

STIPULATION TO DISMISSAL OF ACTION WITH PREJUDICE IN ITS ENTIRETY; 

AND ORDER THEREON (FRCP 41) 

CASE NO. CIV.S-04-1986 

C:\WINDOWS\TEMP\NOTES4BF954\STIP-ORDER RE DISMISSAL F

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James D. Curran, Esq. SBN 126586 

Donald J. Colucci, Esq. SBN 148388 

Daniel C. Welch, Esq. SBN 233244 

WOLKIN · CURRAN, LLP 

555 Montgomery Street, Suite 1100 

San Francisco, California 94111 

Telephone: (415) 982-9390 

Facsimile: (415) 982-4328 

Attorneys for Plaintiff and Counter-Defendant, 

ST. PAUL FIRE AND MARINE INSURANCE COMPANY 

UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF CALIFORNIA 

SACRAMENTO DIVISION 

Case No. CIV.S-04-1986 LKK DAD 

STIPULATION TO DISMISSAL 

WITH PREJUDICE OF ACTION 

IN ITS ENTIRETY; AND 

ORDER THEREON 

(Fed. R. Civ. P. 41) 

ST. PAUL FIRE AND MARINE INSURANCE 

COMPANY, 

Plaintiff, 

v. 

NATOMAS UNIFIED SCHOOL DISTRICT; 

Defendant. 

AND RELATED CROSS-ACTION 

 

Judge: Lawrence K. Karlton 

Trial: August 26, 2006 

 

This Stipulation is entered into by Plaintiff and Counter-Defendant ST. PAUL FIRE AND 

MARINE INSURANCE COMPANY (“St. Paul”) and Defendant and Counter-Claimant NATOMAS 

UNIFIED SCHOOL DISTRICT (the “District”) (collectively referred to as the “Parties”) by and 

through their respective counsel, Donald J. Colucci of Wolkin·Curran, LLP for St. Paul, and Patrick 

A. Gunn, of Atkinson, Andelson, Loya, Ruud & Romo for the District. This Stipulation is entered 

into between St. Paul and the District with reference to the following factual recitals: 

a. Whereas the Parties have entered into a written Settlement Agreement and Mutual 

Release (“Agreement”) as to all disputes at issue in the above captioned action; 

Case 2:04-cv-01986-LKK -DAD Document 74 Filed 01/19/06 Page 1 of 3
2. 

STIPULATION TO DISMISSAL OF ACTION WITH PREJUDICE IN ITS ENTIRETY; 

AND ORDER THEREON (FRCP 41) 

CASE NO. CIV.S-04-1986 

C:\WINDOWS\TEMP\NOTES4BF954\STIP-ORDER RE DISMISSAL F

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b. Whereas all conditions precedent to the effectiveness of the Agreement have been 

satisfied or removed; 

c. Whereas the Agreement provides that this Court shall retain exclusive jurisdiction over 

the subject matter of this action and the Agreement to resolve any disputes between the Parties hereto, 

and to enforce the rights and duties specified between the Parties in the Agreement; and, 

d. Whereas the Parties agreed in the Agreement that each party to this Stipulation shall 

bear its own costs and fees incurred in the above captioned action, and this Stipulation is not intended 

to modify the terms of the Agreement or the Parties’ obligations thereunder in any way. 

NOW, THEREFORE, in accordance with Federal Rule of Civil Procedure 41(a)(1), it is 

hereby stipulated by and between the Parties to this action through their designated counsel that Case 

No. CIV.S-04-1986 LKK DAD be dismissed in its entirety, with prejudice. This Court shall retain 

exclusive jurisdiction over the subject matter of this matter to resolve any disputes between the 

Parties hereto, and to enforce the rights and duties specified in the Parties’ Settlement Agreement and 

Mutual Release. Each party to this Stipulation shall bear its own costs and fees incurred in this 

adversary proceeding. The Parties agree to the entry of an order in substantially the form attached. 

Dated: January ___, 2006 WOLKIN CURRAN, LLP

 

 By: /signature on original 

 Donald J. Colucci 

Attorneys for Plaintiff and Counter-Defendant, 

ST. PAUL FIRE AND MARINE INSURANCE COMPANY 

Dated: January ___, 2006 ATKINSON, ANDELSON, LOYA, RUUD AND ROMO

 

 By: /signature on original 

 Patrick A. Gunn 

Attorneys for Defendant and Counter-Claimant, 

NATOMAS UNIFIED SCHOOL DISTRICT 

Case 2:04-cv-01986-LKK -DAD Document 74 Filed 01/19/06 Page 2 of 3
3. 

STIPULATION TO DISMISSAL OF ACTION WITH PREJUDICE IN ITS ENTIRETY; 

AND ORDER THEREON (FRCP 41) 

CASE NO. CIV.S-04-1986 

C:\WINDOWS\TEMP\NOTES4BF954\STIP-ORDER RE DISMISSAL F

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The Court having received the Stipulation between the Parties for dismissal with prejudice of 

the entire action, and good cause appearing, 

IT IS HEREBY ORDERED that: 

1. The action is dismissed with prejudice in its entirety. 

2. Each party shall bear its own costs and fees. 

3. This Court shall retain exclusive jurisdiction over the subject matter of this matter to 

resolve any disputes between the Parties hereto, and to enforce the rights and duties specified between 

the parties in their written Settlement Agreement and Mutual Release. 

Dated: January 18, 2006 

 /s/Lawrence K. Karlton

 Lawrence K. Karlton 

 Senior Judge 

Case 2:04-cv-01986-LKK -DAD Document 74 Filed 01/19/06 Page 3 of 3