Black & Veatch Corporation v. Modesto Irrigation District

Filing 241

STIPULATION and ORDER DISMISSING ENTIRE ACTION signed by District Judge Lawrence J. O'Neill on 05/24/2013. CASE CLOSED.(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,
Defendant.
Complaint Filed:

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April 29, 2011

MODESTO IRRIGATION DISTRICT,
Counterclaimant,

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STIPULATION OF DISMISSAL OF
ENTIRE ACTION AND ORDER

v.

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

v.
BLACK & VEATCH CORPORATION,
Counterdefendant.

27 AND RELATED ACTIONS
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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 have been dismissed with prejudice pursuant to the Court's
4 Order dated March 13, 2013;
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WHEREAS, the claims asserted in this action by MID and the City on the one

6 hand, and Western Summit Constructors, Inc. ("Western Summit"), Federal Insurance
7 Company, Fidelity and Deposit Company of Maryland and Travelers Casualty and Surety
8 Company of America, on the other hand, have now been settled by written agreement
9 between these parties;
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WHEREAS, the claims asserted in this action by MID on the one hand, and Big B

11 Construction, Inc. ("Big B"), on the other hand, have now been settled by written
12 agreement between these parties;
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WHEREAS, the claims asserted in this action by Western Summit on the one

14 hand, and Siemens Industry, Inc. formerly known as Siemens Water Technologies
15 Corporation, on the other hand, have now been settled by written agreement between
16 these parties;
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WHEREAS, the written settlements described above fully and finally resolve all

18 claims in this action pursuant to the terms of the settlement agreements;
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WHEREAS, the parties to this litigation agree not to oppose the dismissal of the

20 settling parties from their respective claims, counterclaims, and cross-claims and further
21 agree not to assert claims against each other for costs or fees;
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IT IS THEREFORE STIPULATED by and between the parties to this action,

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

All Claims for Relief alleged in MID's First Amended Complaint in Impleader
against Western Summit, Big B, Federal Insurance Company, Fidelity and

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Deposit Company of Maryland and Travelers Casualty and Surety

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Company of America.

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

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All Claims for Relief alleged in the City's Cross-Claim against Western
Summit.



All Claims for Relief alleged in Western Summit's Cross-Complaint against

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Siemens Industry, Inc. formerly known as Siemens Water Technologies

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Corporation.

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

All Claims for Relief alleged in Western Summit's First Amended and
Supplemental Counterclaim against MID.

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DATED: May 23, 2013

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HANSON BRIDGETT LLP
By:

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16 DATED: May 23, 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: May 23, 2013

DIEPENBROCK ELKIN LLP
By:

/s/ Eileen M. Diepenbrock
EILEEN M. DIEPENBROCK
Attorneys for Third-Party Defendant/
Counterclaimant/Cross-Defendant/CrossComplainant WESTERN SUMMIT
CONSTRUCTORS, INC.,FEDERAL
INSURANCE COMPANY, FIDELITY AND
DEPOSIT COMPANY OF MARYLAND AND
TRAVELERS CASUALTY AND SURETY
COMPANY OF AMERICA

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DATED: May 23, 2013

CLAPP, MORONEY, BELLAGAMBA,
VUCINICH, BEEMAN & SCHELEY

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By:

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

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DATED: May 23, 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.

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The clerk is directed to close this action.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill

May 24, 2013

UNITED STATES DISTRICT JUDGE
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DEAC _Signature- END:

66h44d

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