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

Filing 377

STIPULATION and ORDER Regarding Dismissal of First, Second, Third, Fourth, Fifth and Sixth Claims, signed by Judge Oliver W. Wanger on 4/14/09. (Verduzco, M)

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Michael G. Marderosian, No. 77296 Brett L. Runyon, No. 133501 Michael E. Lehman, No. 133523 MARDEROSIAN, RUNYON, CERCONE, LEHMAN & ARMO 1260 Fulton Mall Fresno, CA 93721 Telephone: [phone] Facsimile: [phone] Michael J. Bidart, No. 60582 Ricardo Echeverria, No. 166049 Gregory L. Bentley, No. 151147 SHERNOFF, BIDART, DARRAS & ECHEVERRIA 600 South Indian Hill Boulevard Claremont, CA 91711-5498 Telephone: [phone] Facsimile: [phone] Thomas V. Girardi, No. 36603 Thomas J. Johnston, No. 210506 GIRARDI & KEESE 1126 Wilshire Boulevard Los Angeles, CA 90017 Telephone: [phone] Facsimile: [phone] Jack Silver, No. 160575 LAW OFFICE OF JACK SILVER Post Office Box 5469 Santa Rosa, CA 95402 Telephone: [phone] Facsimile: [phone]

Attorneys for: Plaintiffs UNITED STATES DISTRICT COURT

20 EASTERN DISTRICT OF CALIFORNIA / FRESNO DIVISION 21 22 23 24 25 26 27 28 Defendants. ABARCA, RAUL VALENCIA, et al. Plaintiffs, v. MERCK & CO., INC., et al., ) ) ) ) ) ) ) ) ) ) Case No. 1:07-CV-0388 OWW DLB STIPULATION AND ORDER REGARDING DISMISSAL OF FIRST, SECOND, THIRD, FOURTH, FIFTH AND SIXTH CLAIMS

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MARDEROSIAN, RUNYON, CERCONE, LEHMAN & ARMO 1260 Fulton Mall Fresno, CA 93721

The parties hereto enter into this stipulation for the purpose of allowing them to focus on issues that may enhance their ability to settle all remaining claims presented by plaintiffs against the stipulating defendants. By entering into this stipulation, the parties acknowledge that they are significantly changing and modifying their discovery effort necessary to prepare for trial and therefore all agree that this stipulation will be binding and cannot be revoked. All plaintiffs by and through their attorneys, Michael G. Marderosian of Marderosian, Runyon, Cercone, Lehman & Armo, Michael J. Bidart of Shernoff, Bidart, Darras & Echeverria, Thomas V. Girardi of Girardi & Keese, and Jack Silver of the Law Offices of Jack Silver (hereinafter referred to as "plaintiffs") and defendants County of Merced by and through its attorneys Terry L. Allen of Allen, Proietti & Fagalde and Jan A. Greben of Greben & Associates (hereinafter referred to as "County"), City of Merced by and through its attorneys Gene Tanaka of Best, Best & Krieger, LLP (hereinafter referred to as "City"), Merced Irrigation District and Merced Irrigation District Drainage District No. 1 by and through their attorneys Robert H. Greenfield of Greenfield-Hardy and Jeffrey F. Oneal of LaMore, Brazier, Riddle & Giampaoli (hereinafter referred to as "MID and MIDDD No. 1"), Franklin County Water District by and through its attorneys Joseph Salazar, Jr. of Lewis, Brisbois, Bisgaard & Smith (hereinafter referred to as "FCWD") and Meadowbrook Water Company by and through its attorneys Gary Drummond of Stevens, Drummond & Gifford (hereinafter referred to as "MWC") collectively referred to as "stipulating defendants" HEREBY STIPULATE: 1. That plaintiffs' First, Second, Third, Fourth, Fifth and Sixth claims set forth in their

Fifth Amended Complaint on file herein are dismissed with prejudice with each side bearing their own attorney's fees and costs including expert fees that pertain to the claims to be dismissed; 2. The parties enter into this stipulation to allow them to focus their attention on resolving

the remaining claims in this case; 3. The stipulating defendants will withdraw the following motions related to the claims

to be dismissed currently pending before the court: City of Merced's Motion to Dismiss CWA and RCRA Claims; County of Merced's Motion to Dismiss CWA and RCRA Claims; MID and MIDD No. 1's Motion to Dismiss CWA and RCRA Claims; and FCWD's Motion to Dismiss CWA and ///

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RCRA Claims; and the Motion to Compel Answers to Interrogatories, Set One, filed by the MID and all joinders filed by the stipulating defendants; 4. The parties acknowledge that the remaining claims against these stipulating defendants

are so related to the remaining federal claims against non-stipulating defendants, that the remaining claims form part of the same case or controversy under Article III of the United States Constitution and 29 U.S.C. § 1367(a). Therefore, the parties herein agree they will not contest this court's continued jurisdiction as to the remaining claims; 5. This stipulation shall be filed with the Court within five (5) days after execution by all

parties hereto; and 6. This stipulation represents the entire, final agreement between the parties relating to

the subject matters of the stipulation and this stipulation may only be amended by a writing executed by all parties. This stipulation may not be contradicted by evidence of prior, contemporaneous, or subsequent oral agreements of the parties; there are no unwritten oral agreements between the parties. Dated: April 14, 2009 MARDEROSIAN, RUNYON, CERCONE LEHMAN & ARMO

By: /s/ Michael G. Marderosian MICHAEL G. MARDEROSIAN, Attorney for Plaintiffs above named Dated: April 14, 2009 SHERNOFF, BIDART, DARRAS & ECHEVERRIA

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MARDEROSIAN, RUNYON, CERCONE, LEHMAN & ARMO 1260 Fulton Mall Fresno, CA 93721

By: /s/ Michael J. Bidart MICHAEL J. BIDART, Attorneys for Plaintiffs above named Dated: April 14, 2009 GIRARDI & KEESE

By: /s/ Thomas V. Girardi THOMAS V. GIRARDI Attorneys for Plaintiffs above named ///

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Dated: April 14, 2009

LAW OFFICE OF JACK SILVER

By: /s/_Jack Silver_______________ JACK SILVER, Attorneys for Plaintiffs above named Dated: April 14, 2009 LEWIS, BRISBOIS, BISGAARD & SMITH

By: 9 10 11 Dated: April 14, 2009 12 13 14 15 16 17 18 19 20 21 22 23 24 25 By: 26 27 28
MARDEROSIAN, RUNYON, CERCONE, LEHMAN & ARMO 1260 Fulton Mall Fresno, CA 93721

/s/ Joseph A. Salazar, Jr. JOSEPH A. SALAZAR, JR. Attorneys for Defendant, FRANKLIN COUNTY WATER DISTRICT

GREENFIELD-HARDY

By:

/s/ Robert H. Greenfield ROBERT H. GREENFIELD Attorneys for Defendant, MERCED IRRIGATION DISTRICT

Dated: April 14, 2009

LaMORE, BRAZIER, RIDDLE & GIAMPAOLI

By:

/s/ Jeffrey F. O'Neal JEFFREY F. O'NEAL Attorneys for Defendant, MERCED IRRIGATION DISTRICT ALLEN, PROIETTI & FAGALDE

Dated: April 14, 2009

/s/ Terry L. Allen TERRY L. ALLEN Attorneys for Defendant, COUNTY OF MERCED

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Dated: April 14, 2009

GREBEN & ASSOCIATES

By: /s/ Jan Adam Greben JAN ADAM GREBEN Attorneys for Defendant, COUNTY OF MERCED Dated: April 14, 2009 BEST, BEST & KRIEGER

7 8 By: 9 10 11 Dated: April 14, 2009 12 13 14 15 16 17 18 19 ORDER 20 IT IS SO ORDERED. 21 22 23 24 25 26 27 28
MARDEROSIAN, RUNYON, CERCONE, LEHMAN & ARMO 1260 Fulton Mall Fresno, CA 93721

/s/ Gene Tanaka GENE TANAKA Attorneys for Defendant, CITY OF MERCED STEVENS. DRUMMOND & GIFFORD

By: /s/ Gary Drumond GARY DRUMMOND Attorneys for MEADOWBROOK WATER COMPANY OF MERCED, INC.

Dated: April 14, 2009 emm0d6

/s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE

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