Black & Veatch Corporation v. Modesto Irrigation District

Filing 237

STIPULATION and ORDER Dismissing Claims signed by District Judge Lawrence J. O'Neill on 03/13/2013. Joint Status Report due by 4/19/2013.(Flores, E)

HANSON BRIDGETT LLP
1 ANDREW G. GIACOMINI, SBN 154377
[e-mail]
2 TYSON M. SHOWER, SBN 190375
[e-mail]
3 500 Capitol Mall, Suite 1500
Sacramento California 95814
4 Telephone: [phone]
Facsimile: [phone]
5
MCCORMICK, BARSTOW, SHEPPARD,
6 WAYTE & CARRUTH LLP
STEPHEN E. CARROLL, SBN 116333
7 PAUL J. O’ROURKE, SBN 143951
BEN NICHOLSON, SBN 239893
8 P.O. Box 28912
5 River Park Place East
9 Fresno California 93720-1501
Telephone: [phone]
10 Facsimile: [phone]
11 Attorneys for Defendant/Counterclaimant/
Third-Party Plaintiff/Counterdefendant
12 MODEST IRRIGATION DISTRICT
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION

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BLACK & VEATCH CORPORATION,
Plaintiff,

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MODESTO IRRIGATION DISTRICT,

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COURT LANGUAGE ADDED TO
ORDER

Defendant.
MODESTO IRRIGATION DISTRICT,
Counterclaimant,

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STIPULATION OF DISMISSAL AND
ORDER

v.

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

Complaint Filed:

April 29, 2011

v.
BLACK & VEATCH CORPORATION,
Counterdefendant.

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4997269.2

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WHEREAS, the claims asserted in this action by Black & Veatch Corporation

2 (“B&V”) on the one hand and Modesto Irrigation District (“MID”) and City of Modesto
3 (“City”) on the other hand (together, the “Settling Parties”) have now been settled by
4 agreement between the Settling Parties;
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WHEREAS, the Settling Parties have obtained findings of good faith settlement,

6 which were entered by this Court on February 19, 2013 (Dkt. No._231); and
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WHEREAS, the parties to this litigation do not intend to oppose the dismissal of

8 the Settling Defendants from their respective claims and counter claims against each
9 other without costs or fees;
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IT IS THEREFORE STIPULATED by and between the parties to this action,

11 through their designated counsel, that the following claims of the Settling Parties in the
12 above-captioned action and related cross-actions be and hereby are dismissed with
13 prejudice pursuant to FRCP 41(a)(1), each side to bear their own fees and costs:
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

and Fair Dealing alleged against MID in B&V’s First Amended Complaint.

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

The Third Claim for Relief for Declaratory Relief alleged against MID in
B&V’s First Amended Complaint.

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The Second Claim for Relief for Breach of Implied Covenant of Good Faith



The Fourth Claim for Relief for Breach of Written Contract – Hold Harmless

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from City of Modesto Claim alleged against MID in B&V’s First Amended

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Complaint.

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

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MID’s First Amended Counterclaim in its entirety that consists of all nine
Claims for Relief alleged against B&V as asserted therein.



The City’s Counterclaim in its entirety that consists of all three Claims for
Relief alleged against B&V as asserted therein.

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4997269.2

-2STIPULATION OF DISMISSAL AND ORDER

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DATED: March 12, 2013

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HANSON BRIDGETT LLP
By:

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6 DATED: March 12, 2013

/s/ Tyson M. Shower
ANDREW G. GIACOMINI
TYSON M. SHOWER
Attorneys for Defendant/Counterclaimant/
Third-Party Plaintiff/Counterdefendant
MODEST IRRIGATION DISTRICT
DAVIDOVITZ & BENNETT LLP

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By:

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/s/ Patricia Lakner
PATRICIA LAKNER
Attorneys for Defendant/Counterclaimant
CITY OF MODESTO

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DATED: March 12, 2013

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DIEPENBROCK ELKIN LLP
By:

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/s/ Eileen M. Diepenbrock
EILEEN M. DIEPENBROCK
Attorneys for Third-Party Defendant/
Counterclaimant/Cross-Defendant/CrossComplainant WESTERN SUMMIT
CONSTRUCTORS, INC.

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DATED: March 12, 2013

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WULFSBERG REESE COLVIG & FIRSTMAN
By:

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CLAPP, MORONEY, BELLAGAMBA,
VUCINICH, BEEMAN & SCHELEY

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/s/ H. James Wulfsberg
H. JAMES WULFSBERG
Attorneys for Plaintiff/Counterdefendant
BLACK & VEATCH CORPORATION

By:

/s/ Robert A. Bellagamba
ROBERT A BELLAGAMBA
Attorneys for Third-Party Defendant BIG B
CONSTRUCTION

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DATED: March 11, 2013

PERKINS COIE LLP

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By:

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/s/ Jan Feldman
JAN FELDMAN
Attorneys for Third-Party Defendant
SIEMENS INDUSTRY, INC., f/k/a SIEMENS
WATER TECHNOLOGIES CORPORATION

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ORDER
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This Court DISMISSES with prejudice the claims subject to this stipulation. This
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Court ORDERS the parties to pursue diligently settlement and dismissal of remaining
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claims and to file, no later than April 19, 2013, a joint status report to address settlement
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and/or need to litigate remaining claims.
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15 IT IS SO ORDERED.
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Dated:

/s/ Lawrence J. O’Neill

March 13, 2013

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UNITED STATES DISTRICT JUDGE
DEAC _Signature- END:

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