Case 4:09-cv-00691 Document 76 Filed in TXSD on 02/04/11 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE

SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION

SERVICE STEEL WAREHOUSE CO., L.P. §

and COASTAL REALTY, L.L.C. §
§
V. § C.A. No. 09-691
§
ACE AMERICAN INSURANCE §
COMPANY § JURY TRIAL REQUESTED

JOINT MOTION FOR ENTRY OF AGREED TAKE-NOTHING JUDGMENT

Plaintiffs Service Steel Warehouse Co., L.P. and Coastal Reality, LLC and defendant

ACE American Insurance Company move this Court to enter an agreed take nothing judgment

and respectfully show as follows:

1. the parties have reached a settlement, the terms of which they wish to remain

confidential, and the parties, therefore, move to enter an agreed take nothing judgment

dismissing all claims against all parties with prejudice;

2. plaintiffs and defendant are all of the parties who have appeared in this action;

3. this case is not a class action, and a receiver has not been appointed;

4. this action is not governed by any statute of the United States that requires an

order of the Court for dismissal;

5. none of the parties has previously dismissed an action based on or including the

same claims as those presented in this suit;

6. this dismissal is with prejudice; and

7. all parties waive any and all fees and costs incurred in defending or prosecuting

this action.
 Case 4:09-cv-00691 Document 76 Filed in TXSD on 02/04/11 Page 2 of 3

CONCLUSION

For the foregoing reasons, the parties respectfully request the court sign the attached

agreed take nothing judgment and dismiss all claims against all parties with prejudice.

Respectfully Submitted,

/s/ Joseph Ziemianski

Joseph A. Ziemianski
Attorney-in-Charge
Texas State Bar No. 00797732
S.D. Texas Bar No. 25915

OF COUNSEL:

Tyler D. Henkel
S. D. Texas Bar No. 869678
Texas State Bar No. 24059923
COZEN O’CONNOR
One Houston Center
1221 McKinney, Suite 2900
Houston, Texas 77010
Telephone: (832) 214-3900
Telecopier: (832) 214-3905

ATTORNEYS FOR DEFENDANT,

ACE AMERICAN INSURANCE
COMPANY

/s/ James Cornell

James L. Cornell
State Bar No. 04834800
CORNELL & PARDUE
2727 Allen Parkway, Suite 1675
Houston, Texas 77019
Telephone: (713) 526-0500
Facsimile: (713) 526-7974

ATTORNEY FOR PLAINTIFFS,

SERVICE STEEL WAREHOUSE CO., L.P.
AND COASTAL REALITY, L.L.C.

2
 Case 4:09-cv-00691 Document 76 Filed in TXSD on 02/04/11 Page 3 of 3

CERTIFICATE OF SERVICE

I certify that a true copy of this document was served on all counsel of record through the
Court’s electronic filing system on February __, 2011.

____________________________________
Joseph A. Ziemianski