Black & Veatch Corporation v. Modesto Irrigation District

Filing 235

ORDER ADOPTING 231 FINDINGS AND RECOMMENDATIONS that Black & Veatch's Motion for Good Faith Settlement be GRANTED, signed by District Judge Lawrence J. O'Neill on 02/19/2013. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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BLACK & VEATCH CORPORATION,

CASE NO. 1:11-cv-00695-LJO-SKO

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Plaintiff,

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS THAT
BLACK & VEATCH'S MOTION FOR
GOOD FAITH SETTLEMENT BE
GRANTED

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v.
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MODESTO IRRIGATION DISTRICT,
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(Docket No. 231)
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Defendant.

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MODESTO IRRIGATION DISTRICT,

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Counterclaimant,

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v.
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BLACK & VEATCH CORPORATION,
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Counterdefendant.
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AND RELATED ACTIONS.
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/
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On February 4, 2013, the Magistrate Judge issued Findings and Recommendations that

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Plaintiff/Counter-Defendant Black & Veatch's ("B&V") Application for Motion for Good Faith

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Settlement and Indemnity Bar be GRANTED. (Doc. 231.) These Findings and Recommendations

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were served on all parties appearing in the action and contained notice that any objections were to

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be filed within ten (10) days after service of the order. No objections were filed.

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In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), this Court has conducted a

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de novo review of the case. Having carefully reviewed the entire file, the Court concludes that the

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Magistrate Judge's Findings and Recommendations are supported by the record and proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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The Findings and Recommendations issued February 4, 2013, are ADOPTED IN
FULL;

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2.

B&V's motion for determination of good faith settlement is GRANTED; and

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3.

Pursuant to California Code of Civil Procedure, Sections 877 and 877.6(c), B&V is

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hereby discharged from all liability for any contribution, equitable comparative

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contribution, or partial or comparative indemnity, to the other parties including,

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without limitation, the named third-party defendants and/or cross-defendants to this

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litigation, specifically Western Summit, Big B Contractors, Inc., and Siemens

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Industry, Inc., f/a Siemens Water Technologies Corporation.

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IT IS SO ORDERED.

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Dated:

February 19, 2013

/s/ Lawrence J. O'Neill
B9ed48
UNITED STATES DISTRICT JUDGE

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