Abarca, et. al. vs. Merck & Co., et.al.

Filing 1363

ORDER Determining Good Faith Settlement (Cal. Civ. Proc. Code 877.6(a)(2)) signed by Judge Oliver W. Wanger on 7/14/2011. (Figueroa, O)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
ABARCA, RAUL VALENCIA, et.
al.,

Case No. 1:07-CV-00388 OWW DLB
ORDER DETERMINING GOOD
FAITH SETTLEMENT (Cal. Civ. Proc.
Code § 877.6(a)(2))

Plaintiffs,
v.
MERCK & CO., INC., et. al.,
Defendants.

ORDER
The application of Defendant City of Merced (“City”) for an order
determining the good faith of a settlement between Plaintiffs and Defendant was
presented to this Court on May, 18, 2011.

This Court finds that:

1. The Application was made pursuant to the provisions of California Civil
Procedure Code Section 877.6(a)(2);

26393.00002\5935468.1

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ORDER FOR GOOD FAITH SETTLEMENT
DETERMINATION
1:07-CV-00388 OWW DLB

2. Copies of the Notice of Settlement, Application, and Proposed Order were
served by certified mail, return receipt requested, on this Court and on all parties to
this action on May 18, 2011;

3. As of June 13, 2011, twenty-six (26) days have elapsed and no Notice of
Motion to contest the good faith of the settlement was served or filed within the
time prescribed by the California Civil Procedure Code Section 887.6(a)(2);

4. No confidentiality clause of any kind is contained in the settlement
agreement.

5. Therefore, the Court finds that the settlement agreement attached to the
Application for Good Faith Determination was made in good faith between the
parties to the agreement, within the meaning of California Civil Procedure Code
Section 877.6.

IT IS SO ORDERED.
Dated:

July 14, 2011

/s/ Oliver W. Wanger
UNITED STATES DISTRICT JUDGE

DEAC_Signature-END:

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[PROPOSED] ORDER FOR GOOD FAITH
SETTLEMENT DETERMINATION
1:07-CV-00388 OWW DLB