Transamerica Corp. v. National Union Fire Insurance Company Of Pittsburgh, Pa.

45 F.3d 437 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. TRANSAMERICA CORP.; Transamerica Occidental Life, Plaintiffs/Appellees-Cross-Appellants, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA., Defendant/Appellant-Cross-Appellee. Nos. 93-55490, 93-55498. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 2, 1994. Decided Dec. 19, 1994. 1 Before: O'SCANNLAIN and T.G. NELSON, Circuit Judges; MERHIGE, * District Judge. 2 MEMORANDUM ** 3 * National Union argues that the district court erred in ruling that the ADR provision in the settlement agreement did not bar litigation of open matter 4(b). In paragraph 6 of the settlement agreement, the parties agreed that "[t]he open matter identified in paragraph 4(b) ... shall be negotiated between the parties between July 1, 1991 and August 31, 1991. If agreement cannot be reached on said open matter, the parties will utilize an alternative dispute resolution mechanism to resolve the matter." 4…