Supreme Foodservice GmbH v. Fluor Intercontinental Inc et al

Filing 137

FINAL JUDGMENT by Judge Stephen V. Wilson, IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT: 1. Judgment be entered in favor of Fluor and against Supreme as to Supremes First, Second, Fourth, Seventh and Ninth Claims for Relief, and as to Fluors Sixth Counterclaim; and 2. Fluor shall be entitled to recover its costs as permitted by applicable law. (pj)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

CENTRAL DISTRICT OF CALIFORNIA

10

WESTERN DIVISION

11
12

Plaintiff,

13

v.

14
15

CASE NO. CV11-08803 SVW (FFMx)

SUPREME FOODSERVICE GMBH,
a Swiss corporation,

[PROPOSED] FINAL JUDGMENT

FLUOR INTERCONTINENTAL, INC.,
Defendant.

16
17

On October 24, 2011, Plaintiff Supreme Foodservice GmbH (“Supreme”) filed

18
19

its original complaint in this action. Supreme filed a First Amended Complaint on

20

June 26, 2012, alleging eleven Claims for Relief. Defendant Fluor Intercontinental,

21

Inc. (“Fluor”) filed its Answer and Amended Counterclaims on July 25, 2012, alleging

22

seven Counterclaims against Supreme.

23

On August 17, 2012, Fluor filed a Motion for Summary Judgment (the

24

“Motion”) as to Supreme’s First, Second, Third, Fourth, Sixth, Seventh, Eighth and

25

Ninth Claims for Relief, and as to Fluor’s Sixth Counterclaim.

26

On September 25, 2012, the Court issued an Order Granting In Part And

27

Denying In Part Fluor’s Motion. The Court granted Fluor’s Motion as to Supreme’s

28

First, Second, Fourth, Seventh and Ninth Claims for Relief, and Fluor’s Sixth
1
[PROPOSED] FINAL JUDGMENT
807914.1

1

Counterclaim; and the Court denied Fluor’s Motion as to Supreme’s Third, Sixth and

2

Eighth Claims for Relief.
On September 27, 2012, and pursuant to Fluor’s Ex Parte Application, the

3
4

Court issued an Order dismissing without prejudice Fluor’s Second, Third, Fourth,

5

and Fifth Counterclaims.

6

On October 1, 2012, and pursuant to Fluor’s motion made during a Status

7

Conference on that date, the Court issued an Order dismissing without prejudice

8

Fluor’s First and Seventh Counterclaims.

9

On October 18, 2012, and pursuant to Supreme’s Ex Parte Application, the

10

Court issued an Order dismissing without prejudice Supreme’s Third, Fifth, Tenth and

11

Eleventh Claims for Relief.

12

On February 7, 2012, and pursuant to a joint stipulation of the parties, the Court

13

issued an Order dismissing the remaining claims, Supreme’s Sixth and Eighth Claims

14

for Relief.

15

Based on the foregoing,

16

IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT:

17

1.

Judgment be entered in favor of Fluor and against Supreme as to

18

Supreme’s First, Second, Fourth, Seventh and Ninth Claims for Relief, and as to

19

Fluor’s Sixth Counterclaim; and

20

2.

Fluor shall be entitled to recover its costs as permitted by applicable law.

21

IT IS SO ORDRED.

22
February 25, 2013
Dated: ______________

23

By:___________________________
HON. STEPHEN V. WILSON
United States District Judge

24
25
26
27
28
2

[PROPOSED] FINAL JUDGMENT
807914.1