Summit On Sixth Homeowners Association et al v. Big Rock Partners, LLC et al

Filing 87

ORDER Re: Stipulation of Dismissal 86 by Judge Beverly Reid O'Connell as follows: (1) This Court should dismiss the above-captioned Actions and Claims in their entirety, with prejudice pursuant to FRCP 41(a)(1)(A)(ii), EXCEPT for Lend Leases C ross-Claim Count I for Breach of Contract against 6th Street and Cross Claim Count II for Breach of the Implied Covenant of Good Faith and Fair Dealing against 6th Street, which should be dismissed without prejudice. Each Party is to bear its own fee s and costs. (2) All upcoming hearings and deadlines are hereby vacated and the Action is hereby terminated. Pursuant to the Stipulation of the Parties, IT IS SO ORDERED. The Clerk is directed to close this case. (Made JS-6. Case Terminated.) (jp)

JS-6

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UNITED STATES DISTRICT COURT

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FOR THE CENTRAL DISTRICT OF CALIFORNIA

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SUMMIT ON SIXTH HOMEOWNERS
ASSOCIATION, a California nonprofit
mutual benefit corporation,

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BIG ROCK PARTNERS, LLC, a Delaware
limited liability company; AZ 3223 6th
STREET, LLC, a Delaware limited liability
company; BOVIS LEND LEASE, a New
York Corporation; and DOES 1 through 400
inclusive,
Defendants.
LEND LEASE U.S. CONSTRUCTION,
INC., s/h/a BOVIS LEND LEASE, a Florida
corporation,

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Beverly Reid O’Connell
7C

ORDER RE: STIPULATION OF
DISMISSAL

vs.

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Judge:
Crtrm.:

Plaintiff,

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Case No.: 2:14-cv-07114-BRO-SS

Third Party Complainant,
vs.
BREEN ENGINEERING, INC., a California
corporation and VAN TILBURG,
BANVARD & SODERBERGH, INC., a
California corporation,
Third Party Defendants.
LEXINGTON INSURANCE COMPANY
Intervenor.
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The Parties have reached a settlement in the Action.

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Based on the facts stated in the Stipulation of Dismissal, the Parties stipulate

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and agree as follows:
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This Court should dismiss the above-captioned Actions and Claims in

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their entirety, with prejudice pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), EXCEPT for

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Lend Lease’s Cross-Claim Count I for Breach of Contract against 6th Street and

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Cross Claim Count II for Breach of the Implied Covenant of Good Faith and Fair

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Dealing against 6th Street, which should be dismissed without prejudice. Each Party

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is to bear its own fees and costs.

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2.

All upcoming hearings and deadlines are hereby vacated and the Action

is hereby terminated.
Pursuant to the Stipulation of the Parties, IT IS SO ORDERED. The Clerk is
directed to close this case.
IT IS SO ORDERED.

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DATED: May 12, 2017
By:
Honorable Beverly R. O’Connell
United States District Court Judge

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