In re American Bankers Insurance Company of Florida
- Haywood Gilliam
- 4:19-cv-02237
- U.S. District Court · Northern District of California
- 3
In re American Bankers Insurance, Judge Gilliam dismissed Atlanta International Insurance Company with prejudice after settlement, retaining jurisdiction until payment.
The City of Walnut Creek and Atlanta International Insurance Company were affected. AIIC was dismissed with prejudice, each side was ordered to pay its own costs and attorneys’ fees, and the court retained jurisdiction over AIIC until its settlement payment was made.
What happened
In re American Bankers Insurance Company of Florida involved the City of Walnut Creek and Atlanta International Insurance Company, formerly known as Drake Insurance Company of New York. The parties told the court they had settled their dispute.
They agreed that Atlanta International Insurance Company would be dismissed with prejudice, with each side paying its own costs and attorneys’ fees. They also agreed to notify the court after the settlement payment was made.
Judge Haywood S. Gilliam, Jr. ordered the dismissal with prejudice under Federal Rule of Civil Procedure 41(a)(2). He kept the court’s jurisdiction over Atlanta International Insurance Company until it made the settlement payment, after which that jurisdiction would expire.
The detailed version
- In re American Bankers Insurance Company of Florida · No. 4:19-cv-02237
- Haywood Gilliam
- June 25, 2020
Background
The case was filed by the City of Walnut Creek against Admiral Insurance Company and other defendants. The lead case was consolidated with case number 4:19-cv-03556 HSG. The City and Atlanta International Insurance Company (AIIC), formerly known as Drake Insurance Company of New York, reached a settlement.
Parties’ Agreement
The City and AIIC stipulated to AIIC’s dismissal under Federal Rule of Civil Procedure 41(a)(2), which allows a court to approve dismissal of a party. Their agreement provided that the dismissal would be with prejudice and that each side would bear its own costs and attorneys’ fees. They also agreed to notify the court after AIIC made its settlement payment.
The parties further agreed that the court would retain jurisdiction over AIIC until AIIC made that payment. After the payment, the court’s jurisdiction over AIIC would expire.
Ruling
Judge Haywood S. Gilliam, Jr. approved the stipulation and ordered that the action be dismissed with prejudice as to AIIC. The order also required the City and AIIC to bear their own costs and attorneys’ fees, to notify the court after the settlement payment, and to remain subject to the court’s jurisdiction until that payment was made. The order did not state a ruling on the merits of the underlying insurance dispute or dispose of the claims against the other defendants.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.