National Foam, Inc. v. Zurich American Insurance Company

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STIPULATION AND VOLUNTARY DISMISSAL 	Case No. 3:23-cv-03873-LB
58817497.2
SAUL EWING LLP
Clarence Y. Lee (SBN: 247225)
Tricia M. Duffy (admitted pro hac vice)
Emily A. Bernhard (admitted pro hac vice)
clarence.lee@saul.com//tricia.duffy@saul.com//emily.bernhard@saul.com
1800 M. Street NW, Suite 1000 North
Washington, D.C. 20036
Tel: (202) 295-6608
Fax: (202) 337-6065
Attorneys for Zurich American Insurance Company
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
NATIONAL FOAM, INC.,
Plaintiff,
v.
ZURICH AMERICAN INSURANCE COMPANY,
Defendant.
_____________________________________________
ZURICH AMERICAN INSURANCE COMPANY,
Third-Party Plaintiff,
v.
XL INSURANCE AMERICA INC.; COMMERCE AND
INDUSTRY INSURANCE COMPANY; and THE
INSURANCE COMPANY OF THE STATE OF
PENNSYLVANIA,
Third-Party Defendants.
Case No.: 3:23-cv-03873-LB
Magistrate Judge:
Hon. Laurel Beeler
STIPULATION AND
VOLUNTARY DISMISSAL
WITH PREJUDICE;
[PROPOSED] ORDER
Case 3:23-cv-03873-LB Document 188 Filed 10/15/26 Page 1 of 4	Case 3:23-cv-03873-LB Document 189 Filed 10/15/26 Page 1 of 4

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STIPULATION AND VOLUNTARY DISMISSAL 	Case No. 3:23-cv-03873-LB
58817497.2
STIPULATION AND VOLUNTARY DISMISSAL
TO THE HONORABLE COURT:
Following settlement, National Foam, Inc. (“National Foam”) and Zurich American
Insurance Company (“ZAIC”), through their respective counsel, stipulate that all claims asserted
by National Foam against ZAIC in this action are dismissed with prejudice. National Foam and
ZAIC further stipulate that each shall bear its own attorneys’ fees and costs as to those claims.
ZAIC separately requests voluntary dismissal with prejudice of all its third-party claims
against XL Insurance America Inc. (“XLIA”) and Commerce and Industry Insurance Company
(“C&I”), with each party to bear its own attorneys’ fees and costs as to those claims.
ZAIC requests that the Court enter the proposed order.
Dated: October 15, 2026 	SAUL EWING LLP
By: 	/s/ Clarence Y. Lee
Clarence Y. Lee
Tricia M. Duffy
Emily A. Bernhard
Attorneys for Zurich American Insurance
Company
Stipulated as to National Foam’s claims against ZAIC:
Dated: October 15, 2026 	PILLSBURY & COLEMAN, LLP
By: 	/s/ Philip L. Pillsbury, Jr. – with permission
Philip L. Pillsbury, Jr.
Ryan H. Opgenorth
Attorneys for National Foam, Inc.
FILER’S ATTESTATION
Pursuant to Civil Local Rule 5-1(i)(3), the filing attorney attests that the other signatory
has concurred in filing this document.
By: 	/s/ Clarence Y. Lee
Clarence Y. Lee
Case 3:23-cv-03873-LB Document 188 Filed 10/15/26 Page 2 of 4	Case 3:23-cv-03873-LB Document 189 Filed 10/15/26 Page 2 of 4

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STIPULATION AND VOLUNTARY DISMISSAL 	Case No. 3:23-cv-03873-LB
58817497.2
[PROPOSED] ORDER
Pursuant to the foregoing stipulation and ZAIC’s request for voluntary dismissal, the Court
ORDERS as follows:
1. 	All claims asserted by National Foam against ZAIC in this action are dismissed
with prejudice. National Foam and ZAIC shall each bear their own attorneys’ fees and costs as to
those claims.
2. 	All third-party claims asserted by ZAIC against XLIA and C&I in this action are
dismissed with prejudice. Each party shall bear its own attorneys’ fees and costs as to those claims.
IT IS SO ORDERED.
Dated:
HON. LAUREL BEELER
United States Magistrate Judge
Case 3:23-cv-03873-LB Document 188 Filed 10/15/26 Page 3 of 4
October 15, 2026
Case 3:23-cv-03873-LB Document 189 Filed 10/15/26 Page 3 of 4

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28 STIPULATION AND VOLUNTARY DISMISSAL 	Case No. 3:23-cv-03873-LB
\
CERTIFICATE OF SERVICE
The undersigned certifies that a true and correct copy of the foregoing STIPULATION
AND VOLUNTARY DISMISSAL WITH PREJUDICE; [PROPOSED] ORDER was filed
electronically on October 15, 2026, through the Court’s CM/ECF system, which will send notice
of the filing to all counsel of record registered on that system.
/s/ Clarence Y. Lee
Clarence Y. Lee
Case 3:23-cv-03873-LB Document 188 Filed 10/15/26 Page 4 of 4	Case 3:23-cv-03873-LB Document 189 Filed 10/15/26 Page 4 of 4