Duhn Oil Tool Inc v. Cooper Cameron Corporation

Filing 820

ORDER Granting Motion for Indicative Ruliing on Vacatur; and REALEASING APPEAL BOND re 818 , 819 , signed by District Judge Marilyn L. Huff on 12/20/13. Appeal Bond Posted on November 28, 2012 by Defendant Duhn Oil Tool, Inc., in the amount of $162,932.34, Released. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION

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DUHN OIL TOOL, INC.,

CASE NO. 1:05-CV-01411MLH-GSA

Plaintiff,

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ORDER:
(1) GRANTING MOTION FOR
INDICATIVE RULING ON
VACATUR; and
(2) RELEASING APPEAL
BOND

vs.

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CAMERON INTERNATIONAL
CORP.,

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[Doc. Nos. 818, 819.]

Defendant.

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On December 19, 2013, pursuant to the terms of the parties’ settlement
agreement, the parties filed a joint motion for an indicative ruling as to whether the
court would vacate its order of final judgement. (Doc. Nos. 818, 788.) Pursuant to
Federal Rule of Civil Procedure 62.1 and Federal Rule of Appellate Procedure 12.1,
the Court may consider a motion for relief that would otherwise be barred by a pending
appeal.
The Court, for good cause shown, orders that if this case is remanded to the
United States District Court for the Eastern District of California by the Court of
Appeals, this Court will grant the parties’ joint motion for vacatur pursuant to Rule
62.1 of the Federal Rules of Civil Procedure, and proceed to vacate and set aside the

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1 final judgment.
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On November 28, 2012, Defendant Duhn Oil Tool, Inc. (“Defendant”) posted

3 an appeal bond of $162,932.34. (Doc. No. 814.) On December 19, 2013, the parties
4 filed a joint motion requesting the Court exonerate the bond, pursuant to the terms of
5 the parties’ settlement agreement. (Doc. No. 819.) The Court, for good cause shown,
6 grants the parties’ joint motion. Accordingly, the Court orders that the surety is
7 released from any further liability on its bond, the surety’s obligation has been fulfilled,
8 and the bond is fully exonerated by this Court as to Traveler’s Casualty and Surety
9 Company of America bond number 105859869. The clerk of the Court is directed to
10 release the bond recorded with this Court to Loeb & Loeb LLP for immediate return
11 to Travelers.
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IT IS SO ORDERED.

13 DATED: December 20, 2013
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MARILYN L. HUFF, District Judge
UNITED STATES DISTRICT COURT

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