Brisbin v. Vulcan Materials Company

Filing 68

ORDER DISMISSING ACTIONS and Closing Case signed by District Judge Anthony W. Ishii on 10/18/2013. CASE CLOSED.(Flores, E)

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IN THE UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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JOHN BRISBIN dba CONSTRUCTION
DEVELOPMENT SYSTEMS,

1:11-cv-00568-AWI-SKO

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ORDER DISMISSING ACTIONS
AND CLOSING CASE

Plaintiff,
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v.

(Doc. 67)

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VULCAN MATERIALS COMPANY;
and DOES 1-100, inclusive,
Defendants.

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__________________________________/

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AND RELATED CROSS-ACTION
__________________________________/

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The Court refers the parties to previous orders for a complete chronology of the proceedings. On
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March 7, 2011, John C. Brisbin dba Construction Development Systems filed a complaint
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against Vulcan Materials Company and Does 1 through 100, inclusive, in Fresno County
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Superior Court. The case was removed to this Court on April 6, 2011. On April 20, 2011,
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Calmat Co. dba Vulcan Materials Company, Western Division, filed a cross-complaint against
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Brisbin and Western Surety Company. A jury trial was set for November 13, 2013 at 8:30 a.m.
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2 in Courtroom 2. On October 17, 2013, all parties filed a joint stipulation for dismissal of the
3 complaint and cross-complaint pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). In
4 light of the stipulation, this case has terminated, see Fed. R. Civ. P. 41(a)(1)(A)(ii); Wilson v.
5 City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997), and is hereby DISMISSED with prejudice
6 and without an award of attorneys’ fees and costs to any party. The Court respectfully directs the
7 Clerk of Court to close the case.

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10 IT IS SO ORDERED.
11 Dated: October 18, 2013
SENIOR DISTRICT JUDGE
DEAC_Signature-END:

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