Starr Indemnity and Liability Company v. Dunham Trust Company

JS-6

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

STARR INDEMNITY & LIABILITY ) Case No. 5:21-cv-00142-SB-ADS COMPANY, ) )

Plaintiff, ) ORDER RE: DISMISSAL OF ) ACTION vs. ) )

DUNHAM TRUST COMPANY, et al., )

Defendants. ) ) ) ) ) ) )

AND RELATED COUNTERCLAIMS ) )

Having reviewed the stipulation of the Parties and good cause appearing therefor, this action shall be dismissed in its entirety forthwith; however, the dismissal shall be deemed by operation of this order to be with prejudice only upon the performance of all of the following four conditions in the wrongful death action pending before this Court, styled Karen Elliott, et al. v. Cessna Aircraft Co., et al., case no. 8:20-cv-00378-SB-ADS, as respects the settlement agreement herein: (1) The Court’s approval of the settlement herein as being in “good-faith” (see Cal. Code Civ. Proc. § 877, et seq., and the factors outlined in Tech-Bilt v. l Woodward-Clyde & Associates, 38 Cal.3d 488, 499, 698 P.2d 159, 166-67, 213 Cal. Rptr. 256, 263 (1985)); (2) The Court’s approval of minors’ compromises as to all the minor plaintiffs in the wrongful death action (see Cal. Code Civ. Proc. § 372, et seq.; Cal. Probate Code § 3500, et seq.); (3) The actual funding of all settlements against all parties in full, which shall be defined as the final date upon which all payments have cleared the payee's account; and (4) The filing with this Court of an appropriate notice indicating that the three above-enumerated conditions precedent have in fact been satisfied, signed by counsel for all Parties to this action.

IT ISSO ORDERED.

Dated: November 12, 2021 ‘6 reas

Stanley Blumenfeld, Jr. United States District Judge