Execellent news as a matter of fact and thank you for posting this.
Why do I come to this conclusion?
Here step by step
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Gotham Insurance Company does not want to pay. As it says: Plaintiff has submitted evidence that it faces exposure to multiple liability, and has averred that it is a disinterested party with no claim to the insurance proceeds.
In plain Englisch: Gotham Insurance is facing claims to pay. And paying to whom? Each defendant has filed a claim with plaintiff, asserting that they are entitled to the insurance proceeds. And as Gotham does not want to pay, they sued those who made the claim to be paid: And who are the defendants: SHASTA TECHNOLOGIES, LLC, INSTACARE CORP., and PHARMATECH SOLUTIONS, INC.
Now based on the court order: Gotham will not have to pay to or better said, the claims of
Shasta Technologies, LLC, Calvin Knickerbocker, Jr. and Calvin Knickerbocker III, have been dismissed.
But there is nothing written, that the claims from Instacare Corp (now DECISION DIAGNOSTICS) and Pharmatech Solutions have been dismissed.
It is always recommended when reading legal texts, to read all as the interpretation of court-orders is a very complex matter and easily misunderstood. Based on this, DECN and Pharmatech Solutions could still get some money, nobody ever thought about. Indeed a very nice present.
For the sake of good order, this is what it says:
Based on the foregoing facts and the stipulation of the parties, IT IS ORDERED THAT:
1. The Clerk of the Court shall enter a final decree of interpleader in favor of Plaintiff Gotham Insurance Company;2. Plaintiff Gotham Insurance Company is dismissed from this case with prejudice;3. All of the claims of Defendant and Counter-claimant Shasta Technologies, LLC contained in its Answer and Counter-claim filed on September 15, 2014, against Plaintiff and Counter-defendant Gotham Insurance Company are dismissed with prejudice;4. From Plaintiff Gotham Insurance Company's First Amended Complaint, the Third Cause of Action for Breach of Written Settlement, Fourth Cause of Action for Promise Made with No Intention to Perform, and Fifth Cause of Action for Fraud, against Defendants Shasta Technologies, LLC, Calvin Knickerbocker, Jr. and Calvin Knickerbocker III, respectively, are dismissed with prejudice
NO WORDING OF INSTACARE (NOW DECN) OR PHARMATECH or better said, that their claim was dismissed.
But it is not finished here: However, should Plaintiff institute any action against Defendants, Defendants shall retain the right to assert all defenses, including affirmative defenses, and, Defendants shall retain the right to file and prosecute any cross-claim in such action by Plaintiff, whether compulsory or permissive, provided that the facts and events giving rise to any such cross-claim must have occurred after the date on which this order was entered.
Conclusion: Instacare (now DECN) and Pharmatech are still in the game for their claim and Gotham is somehow in a straitjacket as if a cross-claim should show up, and it certainly will, they all of a sudden would face again claims from the rest. My guess: Good old Gotham will possibly have to pay some money to DECN and or Pharmatech. How much is not of interest but money is money.
