American Asphalt & Grading Company v. City of Los Angeles

Filing 165

JUDGMENT by Judge R. Gary Klausner: Final Judgment is entered in favor of Third Party Defendant CH2M Hill Inc on the claims for equitable indemnity contained in the Third-Party Complaint filed by the City of Los Angeles on or about July 7, 2007. The remainder of the claims contained in the Third-Party Complaint are dismissed for lack of subject matter jurisdiction. As the prevailing party, CH2M HILL is awarded $ (TO BE DETERMINED) in costs as determined by the Clerk after costs have been t axed. Pursuant to 28 U.S.C. § 1919, CH2M HILL is also awarded the costs referenced in Paragraph 4 above as just costs following dismissal of the remainder of the City's claims for want of jurisdiction. Related to: Minute Order 102 . (mg) Modified on 10/16/2008 (mg).

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MICHAEL G. LONG, ESQ. (SBN 129771) JARED M. WAYNE, ESQ. (SBN 237602) WATT, TIEDER, HOFFAR & FITZGERALD, L.L.P. 2040 Main Street, Suite 300 Irvine, California 92614 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] Attorneys For Third-Party Defendant CH2M HILL, INC.

CLOSED

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA - WESTERN DIVISION AMERICAN ASPHALT & GRADING COMPANY, Plaintiff, vs. CITY OF LOS ANGELES, Defendant. CITY OF LOS ANGELES, Third-Party Plaintiff, vs. CH2M HILL, INC. Third-Party Defendant. Case No. CV 07­03894 RGK(AJWx) JUDGMENT

Pursuant to this Court's Civil Minutes dated April 30, 2008 (Docket Number 102) and pursuant to this Court's Order Granting Summary Judgment dated September 26, 2008 (Docket Number 161), and pursuant to all findings of fact and conclusions of law upon which said orders are based,
1 [PROPOSED] JUDGMENT

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IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT: 1. Final judgment is entered in favor of Third-Party Defendant CH2M HILL, INC. ("CH2M HILL") on the claims for equitable indemnity contained in the Third-Party Complaint filed by the City of Los Angeles ("the City") on or about July 7, 2007. 2. 3. 4. 5. The remainder of the claims contained in the Third-Party Complaint are dismissed for lack of subject matter jurisdiction. CH2M HILL is the prevailing party on the Third-Party Complaint filed by the City. As the prevailing party, CH2M HILL is awarded $ (TO BE DETERMINED) in costs as determined by the Clerk after costs have been taxed. Pursuant to 28 U.S.C. § 1919, CH2M HILL is also awarded the costs referenced in Paragraph 4 above as just costs following dismissal of the remainder of the City's claims for want of jurisdiction. IT IS SO ORDERED.

Dated this 9th day of October, 2008____________________

Honorable R. Gary Klausner United States District Judge

2 [PROPOSED] JUDGMENT

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