David Moreno Construction, Inc. v. Frontier Steel Buildings Corp.

Filing 168

STIPULATION and ORDER DISMISSING CASE with prejudice signed by Judge Oliver W. Wanger on 3/14/2011. CASE CLOSED.(Lundstrom, T)

David Moreno Construction, Inc. v. Frontier Steel Buildings Corp.

Doc. 168

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Russell D. Cook 094934 Neal D. Douglass 227976 LAW OFFICE OF RUSSELL D. COOK 1233 West Shaw Avenue, Suite 100 Fresno, California 93711 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff, DAVIS MORENO CONSTRUCTION, INC., a California corporation.

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA - FRESNO BRANCH -o0o) ) ) ) ) ) v. ) ) ) FRONTIER STEEL BUILDINGS ) CORP., a Colorado corporation; et al., ) ) Defendant(s). ) ) ) Case No. 1:08-CV-00854-OWW-SMS STIPULATION AND ORDER FOR DISMISSAL WITH PREJUDICE, WITH COURT RETAINED JURISDICTION TO ENFORCE TERMS OF SETTLEMENT AGREEMENT.

11 DAVIS MORENO CONSTRUCTION, INC., a California corporation, 12 Plaintiff, 13 14 15 16 17 18 19 20

COME NOW Plaintiff, Davis Moreno Construction, Inc. by and through its attorney

21 of record, Russell D. Cook, Esq., and Defendant, Frontier Steel Buildings Corp, by and 22 through its attorney, John A. Meininger, Esq. and hereby stipulate for dismissal as follows: 23 The parties have fully executed in duplicate and exchanged a confidential written

24 Settlement Agreement, and hereby stipulate pursuant to the Settlement Agreement that the 25 above captioned matter be dismissed with prejudice, with each party to bear their own costs 26 and fees. The parties further agree that the confidential Settlement Agreement will not be 27 made a part of the record unless and until there is a breach of the Settlement Agreement. 28

Stipulation and Order for Dismissal

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It is further stipulated that the Court shall retain jurisdiction pursuant to powers granted by F.R.C.P. Rule 41 to enforce the terms of the Settlement Agreement. In the event that there is a breach of the Settlement Agreement, the aggrieved party shall be entitled to file a motion to enforce the terms of a written Settlement Agreement. It is further stipulated that the settlement resolves all matters, including, without limitation, Plaintiff's motion for attorney fees. Defendant Frontier waives any claim for attorney fees against Plaintiff Davis Moreno and any request for sanctions. Accordingly, all deadlines, hearings and obligations should be vacated and the case dismissed with prejudice with the Court's retained jurisdiction to enforce the parties' Settlement Agreement.

March 14, 2011

/s/ RUSSELL D. COOK

March 14, 2011

/s/ JOHN A. MEININGER

Stipulation and Order for Dismissal

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Order Good cause appearing therefore, it is hereby Ordered that: The action is hereby DISMISSED with prejudice, with each party to bear their

own costs and fees. Pursuant to F.R.C.P., Rule 41, the Court hereby retains jurisdiction to enforce the terms of the parties' written Settlement Agreement which shall remain confidential. In the event that there is a breach of the Settlement Agreement, the aggrieved party shall be entitled to file a motion to enforce the terms of the Settlement Agreement. 2. All matters and obligations of this case are hereby VACATED, including the Pretrial Conference, Jury Trial, and all show cause orders associated with Plaintiff's Motion for Attorneys Fees. IT IS SO ORDERED. /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE

March 14, 2011 10 Dated: emm0d6 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Stipulation and Order for Dismissal

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