Maxwell v. MortgageIT, Inc.

Filing 55

ORDER Finding Good Faith Settlement And Barring Further Claims For Indemnity or Contribution as Against Defendant Mortgage IT Inc., signed by Judge Oliver W. Wanger on 6/7/2010. (Gaumnitz, R)

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A limited liability partnership formed in the State of Delaware

Lorenzo E. Gasparetti (SBN 135976) Email: [e-mail] Karen A. Braje (SBN 193900) Email: [e-mail] Kristine H. Chen (SBN 239925) Email: [e-mail] REED SMITH, LLP 101 Second Street, Suite 1800 San Francisco, CA 94105-3659 Telephone: Facsimile: [phone] [phone]

Attorneys for Defendant MortgageIT, Inc.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION

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REED SMITH LLP

SAMUEL MAXWELL, Plaintiff,

Case No: 1:08-cv-1329 ORDER FINDING GOOD FAITH SETTLEMENT AND BARRING FURTHER CLAIMS FOR INDEMNITY OR CONTRIBUTION AS AGAINST DEFENDANT MORTGAGEIT, INC.

UNION FIDELITY MORTGAGE, INC., ERIN REILLY, RANDOLPH MARTIN, MORTGAGEIT, INC., and Does 1 to 20, inclusive, Defendants.

Case No: 1:08-cv-1329 [PROPOSED] ORDER

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A limited liability partnership formed in the State of Delaware

On May 24, 2010, at 10:00 a.m., in Courtroom 3 of this Court, defendant MortgageIT, Inc.'s ("MortgageIT") Motion for Determination of Good Faith Settlement came on for regularly scheduled hearing. Upon consideration of the pleadings, the papers, the arguments of counsel, and with good cause appearing,

IT IS HEREBY ORDERED that,

MortgageIT's Motion for Determination of Good Faith Settlement with Plaintiff Samuel Maxwell ("Plaintiff") is GRANTED.

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IT IS FURTHER ORDERED that:

REED SMITH LLP

1.

The settlement as between MortgageIT and Plaintiff is a good faith settlement within

the definition of California Code of Civil Procedure Sections 875 et seq.;

2.

The claims as asserted by Plaintiff against MortgageIT are dismissed with prejudice;

3.

Any and all future claims in this action by any of the other defendants as against

MortgageIT, its affiliates, subsidiaries, successors in interest, agents, or related party thereof, for implied indemnity, contribution or apportionment of fault, based on comparative negligence or fault, are barred; and,

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Case No: 1:08-cv-1329

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ORDER

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A limited liability partnership formed in the State of Delaware

4.

Any apportionment of damages among non-settling defendants is limited to the non-

settling defendants proportionate share of liability to be determined at trial. See Franklin v. Kaypro Corp., 884 F.2d 1222 (1989).

IT IS SO ORDERED. Dated:

June 7, 2010
DEAC_Signature-END:

/s/ Oliver W. Wanger
UNITED STATES DISTRICT JUDGE emm0d64h

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Case No: 1:08-cv-1329

REED SMITH LLP

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ORDER