Paul Olds v. 3M Company

Filing 414

JUDGMENT IN FAVOR OF DEFENDANT PRYSMIAN POWER & CABLE SYSTEMS USA, a/k/a PRYSMIAN CABLES &SYSTEMS USA, LLC by Judge Manuel L. Real, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Plaintiff Paul Olds shall take nothing pursuant to his Complaint in th is Action, and that Judgment shall be, and hereby is, entered in favor of defendant Prysmian Power & Cable Systems USA, a.k.a. Prysmian Cables & Systems USA, LLC. Further, defendant Prysmian Power & Cable Systems USA, a.k.a. Prysmian Cables &Systems USA, LLC is the prevailing party, and therefore shall recover its costs of suit as against Plaintiff Paul Olds in a sum to be determined pursuant to L.R. 54-2 and F.R.Civ.P.54(d). (pj)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE CENTRAL DISTRICT OF CALIFORNIA

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PAUL OLDS,

Case No. 2:12-CV-08539 R (MRWx)

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Plaintiff,

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vs.
3M COMPANY a/k/a MINNESOTA
MINING & MANUFACTURING
COMPANY, et al.,
Defendants.

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JUDGMENT IN FAVOR OF DEFENDANT
PRYSMIAN POWER & CABLE SYSTEMS
USA, a/k/a PRYSMIAN CABLES &
SYSTEMS USA, LLC
From hearing on MSJ held:
Date:
January 27, 2014
Time:
10:00 a.m.
Courtroom:
8
Judge:
Hon. Manuel L. Real

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The Motion for Summary Judgment, or Alternatively, Summary Adjudication of Issues
(causes of action and punitive damage claim) by defendant Prysmian Power & Cable Systems
USA, a.k.a. Prysmian Cables & Systems USA, LLC (“Prysmian”) came regularly for hearing
on January 27, 2014, in Courtroom 8 of the District Court, the Hon. Manuel L. Real, Judge
presiding.

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Judgment in Favor of Defendant Prysmian
Olds v. 3M Company, et al.
Case No. 2:12-CV-08539 R

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Plaintiff Paul Olds filed no opposition. After considering the admissible evidence,

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arguments and separate statement provided by Prysmian, the Court hereby finds that there is no

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genuine issue as to any material fact and that, therefore, defendant Prysmian Power & Cable

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Systems USA, a.k.a. Prysmian Cables & Systems USA, LLC is entitled to judgment on the

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merits, as a matter of law, with respect to each cause of action pleaded against it, as follows:
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first cause of action, for “Negligence,” as pleaded against Prysmian;
2.

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There is no genuine issue as to any material fact regarding Plaintiff Paul Olds’

second cause of action, for “Strict Product Liability,” as pleaded against Prysmian; and
3.

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There is no genuine issue as to any material fact regarding Plaintiff Paul Olds’

There is no genuine issue as to any material fact regarding Plaintiff Paul Olds’

third cause of action, for “Breach of Warranty,” as pleaded against Prysmian.

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Now, therefore,

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IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Plaintiff Paul Olds

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shall take nothing pursuant to his Complaint in this Action, and that Judgment shall be, and

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hereby is, entered in favor of defendant Prysmian Power & Cable Systems USA, a.k.a.

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Prysmian Cables & Systems USA, LLC.
Further, defendant Prysmian Power & Cable Systems USA, a.k.a. Prysmian Cables &

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Systems USA, LLC is the prevailing party, and therefore shall recover its costs of suit as

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against Plaintiff Paul Olds in a sum to be determined pursuant to L.R. 54-2 and F.R.Civ.P.

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54(d).

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.

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Dated: February 5, 2014
Hon. Manuel L. Real, Judge
United States District Court,
Central District of California

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Judgment in Favor of Defendant Prysmian
Olds v. 3M Company, et al.
Case No. 2:12-CV-08539 R

CERTIFICATE OF SERVICE

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The undersigned, counsel for defendant Prysmian Power & Cable Systems USA, a.k.a.

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Prysmian Cables & Systems USA, LLC, hereby certifies that a true and correct copy of the

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foregoing Proposed JUDGMENT IN FAVOR OF DEFENDANT PRYSMIAN POWER &

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CABLE SYSTEMS USA, a/k/a PRYSMIAN CABLES & SYSTEMS USA, LLC was filed

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with the Court and served electronically through the CM-ECF (Electronic Case Filing) system

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to all counsel of record and to those registered to receive a Notice of Electronic Filing for this

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case on January 27, 2014.

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LAW OFFICES OF PETER Q. EZZELL
/ s / Peter Q. Ezzell
Peter Q. Ezzell
Stephen M. Caine
Attorneys for Defendant Prysmian Power &
Cable Systems USA aka Prysmian Cables &
Systems USA, LLC

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