Britz Fertilizers, Inc. v. Bayer Corporation et al

Filing 228

STIPULATION and JOINT Application Re: Sealing of Documents in Support of Britz Fertilizers, Inc.'s and Bayer Cropscience, LP'S/Bayer Corporation's Joint Application for Determination of Good Faith Settlement, Opposition Thereto, and Related Documents, signed by Judge Oliver W. Wanger on 7/23/10: Motion is GRANTED.(Hellings, J)

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ROGER M. SCHRIMP, ESQ., SBN 039378 GEORGE P. RODARAKIS, ESQ. SBN 222214 ERIC J. SOUSA, ESQ., SBN 232541 Damrell, Nelson, Schrimp Pallios, Pacher & Silva 1601 Modesto, CA 95354 Telephone [phone] TED R. FRAME, ESQ. SBN 023736 Frame & Matsumoto 201 Washington Street Post Office Box 895 Coalinga, CA 93210 559-935-1552 Attorneys for Plaintiff BRITZ FERTILIZERS, INC. STEPHEN T. CLIFFORD, ESQ., SBN 39020 T. MARK SMITH, ESQ., SBN 162370 Clifford & Brown A Professional Corporation Attorneys at Law 1430 Truxtun Avenue, Suite 900 Bakersfield, CA 93301 661-322-6023 661-322-3508 fax Attorneys for Defendants BAYER CORPORATION and BAYER CROPSCIENCE, LP IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION BRITZ FERTILIZERS, INC., Plaintiff, vs. BAYER CORPORATION; BAYER CROPSCIENCE, LP, Defendants ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )
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STIPULATION RE: SEALING OF DOCUMENTS IN SUPPORT OF BRITZ FERTILIZERS, INC.'S AND BAYER CROPSCIENCE, LP'S/BAYER CORPORATION'S JOINT APPLICATION FOR DETERMINATION OF GOOD FAITH SETTLEMENT, OPPOSITION THERETO, AND RELATED DOCUMENTS; ORDER THEREON

Case No.: 1:06-CV-00287-OWW-DLB STIPULATION AND JOINT APPLICATION RE: SEALING OF DOCUMENTS IN SUPPORT OF BRITZ FERTILIZERS, INC.'S AND BAYER CROPSCIENCE, LP'S/BAYER CORPORATION'S JOINT APPLICATION FOR DETERMINATION OF GOOD FAITH SETTLEMENT, OPPOSITION THERETO, AND RELATED DOCUMENTS; ORDER THEREON E.D. CAL. L.R. 141

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WHEREAS Britz Fertilizers, Inc. ("Britz") and Bayer Cropscience, LLP and Bayer Corporation (collectively "Bayer"), have agreed in consideration of the mutual promises and covenant contained in an executed Confidential Settlement Agreement and Mutual General Release to settle the above entitled action conditional upon the entry of an order granting a Motion for Good Faith Settlement and thereby barring and discharging any and all potential third party claims and/or causes of action for contribution or indemnity, present or future against Bayer by those parties having received notice of the filing of said Motion; WHEREAS the terms of such conditional settlement are expressly made confidential as set forth in the Confidential Settlement Agreement and Mutual General Release; WHEREAS Britz' and Bayer's Joint Application and Motion for Determination of Good Faith Settlement ("Motion") reflects the terms of such settlement and the Confidential Settlement Agreement and Mutual General Release is attached in support of said motion; WHERRAS Britz and Bayer agree that the terms of such settlement should remain confidential within the ambit of the Court's determination of the Motion; WHEREAS Britz and Bayer agree and stipulate that the documents filed in support of the Motion should be filed under seal to preserve the confidentiality of the settlement; WHEREAS Britz and Bayer jointly agree that any opposition to the Motion and reply to the opposition should also be filed under seal to preserve the confidentiality of the terms of the Confidential Settlement Agreement and Mutual General Release. Britz and Bayer hereby stipulate and jointly request that the Court enter an Order in accord with US District Court, Eastern District of California, Local Rule 141, sealing all documents filed in support of Britz' and Bayer's Motion, any papers filed in opposition thereto, and any papers or documents filed in reply to any opposition. Submitted herewith are the following documents in support of the Motion requested to be filed under seal: 1. Notice of Hearing for Joint Motion to Determine Good Faith of Settlement and to Bar Claims Against Defendants for Contribution and Indemnity; 2. Joint Application by Plaintiff Britz Fertilizers, Inc. and Defendants Bayer Corporation and Bayer Cropscience, LP for Determination of Good Faith
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STIPULATION RE: SEALING OF DOCUMENTS IN SUPPORT OF BRITZ FERTILIZERS, INC.'S AND BAYER CROPSCIENCE, LP'S/BAYER CORPORATION'S JOINT APPLICATION FOR DETERMINATION OF GOOD FAITH SETTLEMENT, OPPOSITION THERETO, AND RELATED DOCUMENTS; ORDER THEREON

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Settlement pursuant to C.C.P. Sections 877 and 877.6; Memorandum of Points and Authorities in Support of Joint Motion to Determine Good Faith of Settlement and to Bar Claims Against Defendants for Contribution and Indemnity; Declaration of Ted R. Frame in Support of Joint Application for Good Faith Settlement; Declaration of Stephen T. Clifford in Support of Joint Application for Good Faith Settlement; and [Proposed] Order Determining Settlement to be in Good Faith and Baring Claims for Contribution and Indemnity. DAMRELL, NELSON, SCHRIMP, PALLIOS, PACHER & SILVA Dated: July 22, 2010 By /s/ Roger Schrimp Roger Schrimp Attorneys for Plaintiff

FRAME & MATSUMOTO Dated: July 22, 2010 By /s/ Ted R. Frame Ted R. Frame Attorneys for Plaintiff

CLIFFORD & BROWN Dated: July 22, 2010
By /s/ T. Mark Smith

Stephen T. Clifford T. Mark Smith Attorneys for Defendants

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STIPULATION RE: SEALING OF DOCUMENTS IN SUPPORT OF BRITZ FERTILIZERS, INC.'S AND BAYER CROPSCIENCE, LP'S/BAYER CORPORATION'S JOINT APPLICATION FOR DETERMINATION OF GOOD FAITH SETTLEMENT, OPPOSITION THERETO, AND RELATED DOCUMENTS; ORDER THEREON

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ORDER IT IS HEREBY ORDERED that Britz Fertilizer, Inc.'s and Bayer Cropscience, LP/Bayer Corporation's Stipulation and Joint Application to seal documents filed in support of and opposition to the Joint Motion to Determine Good Faith of Settlement and to Bar Claims Against Defendants for Contribution and Indemnity ("Motion") is GRANTED. The following documents submitted herewith shall be filed under seal: 1. Notice of Hearing for Joint Motion to Determine Good Faith of Settlement and to Bar Claims Against Defendants for Contribution and Indemnity; Joint Application by Plaintiff Britz Fertilizers, Inc. and Defendants Bayer Corporation and Bayer Cropscience, LP for Determination of Good Faith Settlement pursuant to C.C.P. Sections 877 and 877.6; Memorandum of Points and Authorities in Support of Joint Motion to Determine Good Faith of Settlement and to Bar Claims Against Defendants for Contribution and Indemnity; Declaration of Ted R. Frame in Support of Joint Application for Good Faith Settlement; Declaration of Stephen T. Clifford in Support of Joint Application for Good Faith Settlement; and [Proposed] Order Determining Settlement to be in Good Faith and Baring Claims for Contribution and Indemnity.

The Court further Orders that any documents submitted in Opposition and Reply to any Opposition to the Motion shall be filed under seal and all parties shall comply with the procedures set forth in E.D. Cal. Local Rule 141 for the filing of such documents. Moving parties shall serve all interested parties with this Order upon service of the Motion.

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STIPULATION RE: SEALING OF DOCUMENTS IN SUPPORT OF BRITZ FERTILIZERS, INC.'S AND BAYER CROPSCIENCE, LP'S/BAYER CORPORATION'S JOINT APPLICATION FOR DETERMINATION OF GOOD FAITH SETTLEMENT, OPPOSITION THERETO, AND RELATED DOCUMENTS; ORDER THEREON

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DEAC_Signature-END:

Dated:

July 23, 2010

/s/ Oliver W. Wanger
UNITED STATES DISTRICT JUDGE

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STIPULATION RE: SEALING OF DOCUMENTS IN SUPPORT OF BRITZ FERTILIZERS, INC.'S AND BAYER CROPSCIENCE, LP'S/BAYER CORPORATION'S JOINT APPLICATION FOR DETERMINATION OF GOOD FAITH SETTLEMENT, OPPOSITION THERETO, AND RELATED DOCUMENTS; ORDER THEREON