Frontier Contracting, Inc. et al v. Allen Engineering Contractor, Inc. et al

Filing 133

STIPULATION and ORDER DISMISSING Entire Action Pursuant to Settlement signed by Magistrate Judge Michael J. Seng on 05/19/2015. CASE CLOSED. (Flores, E)

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John E. Borba, Esq. [SBN: 169463]
Kristen Frizzell Kerns, Esq. [SBN: SBN 221384]
Borba Frizzell Kerns, P.C.
50 Old Courthouse Square, Ste. 201
Santa Rosa, CA 95404
[phone]
[phone] Fax
Attorneys for Plaintiff and Counter-Defendant
Frontier Contracting, Inc.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FRONTIER CONTRACTING, INC., UNITED
STATES GOVERNMENT,
Plaintiffs,

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v.

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ALLEN ENGINEERING CONTRACTOR, INC.,
SAFECO INSURANCE COMPANY OF
AMERICA, LIBERTY MUTUAL INSURANCE
COMPANY, DOES 1-50

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Defendants._______________/
ALLEN ENGINEERING CONTRACTOR, INC.,

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Counter-Claimant,

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v.

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FRONTIER CONTRACTING, INC.,

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Counter-Defendants,

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Case No.: 1:11-CV-01590-MJS
STIPULATION FOR DISMISSAL OF
ENTIRE ACTION PURSUANT TO
SETTLEMENT AND ORDER
THEREON

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The parties herein, AVCON CONSTRUCTORS, INC., formerly known as FRONTIER

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CONTRACTING, INC. (“AVCON” OF “FRONTIER”), ALLEN ENGINEERING

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CONTRACTING, INC. (“ALLEN”), SAFECO INSURANCE COMPANY OF AMERICA

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(“SAFECO”), and LIBERTY MUTUAL INSURANCE COMPANY (“LIBERTY”), by and

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through their respective counsel submit the following stipulate to dismissal with prejudice of this

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STIPUTLATION AND CONSENT FOR DISMISSAL OF ENTIRE ACTION PURSUANT TO SETTLEMENT

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entire action pursuant to Fed. R. Civ. P. 41(a), and subject to the terms and conditions of the
parties’ written Settlement Agreement, and the following recitals:
RECITALS

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WHEREAS, on or about September 20, 2011, AVCON commenced an action in the United
States District Court for the Eastern District of California captioned Frontier Contracting, Inc.,

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United States Government v. Allen Engineering Contractor, Inc., Safeco Insurance Company of
America, Vigilant Insurance Company, case number 1:11−CV−01590−LJO −DLB (the “Action”);
WHEREAS, on or about October 6, 2011, AVCON filed an amended complaint for
damages against ALLEN, SAFECO and Vigilant Insurance Company in the Action;
WHEREAS, on or about November 18, 2011, AVCON filed a second amended complaint

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for damages against ALLEN, SAFECO and LIBERTY in the Action;
WHEREAS, on or about March 5, 2012, ALLEN filed a counterclaim for damages against
AVCON in the Action;
WHEREAS, on or about May 22, 2012, ALLEN filed an amended counterclaim for
damages against AVCON in the Action;

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WHEREAS, the Parties deny any responsibility and/or liability to each other regarding the
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allegations in the Action;
WHEREAS, on March 4, 2015, the parties participated in a settlement conference, during

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which the parties reached a settlement agreement to avoid the expense and burden of further

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dispute and current and future litigation, and for the other considerations;

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WHEREAS, the agreement was subsequently reduced to writing and executed by all parties

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and their respective counsel.

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STIPUTLATION AND CONSENT FOR DISMISSAL OF ENTIRE ACTION PURSUANT TO SETTLEMENT

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STIPULATION

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The parties herein, by and through their respective counsel hereby stipulate to dismissal

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with prejudice of this entire action pursuant to Fed. R. Civ. P. 41(a), and subject to the terms and

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conditions of the parties’ Settlement Agreement. The Court is respectfully asked to retain

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jurisdiction to enforce the Settlement Agreement in this action.

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Each Party shall bear its own respective costs, expenses, and fees, including without

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limitation, attorney’s fees and costs, consultant and/or expert fees, arising out of and/or related to

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the Action, except as set forth in the executed settlement agreement.

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Respectfully submitted,
Dated: May 13, 2015

BORBA FRIZZELL KERNS, P.C.

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/s/ Kristen Frizzell Kerns
___________________________
Kristen Frizzell Kerns
Attorneys for Plaintiff and
Counterdefendant FRONTIER CONTRACTING,
INC.

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THE BRUCKNER LAW FIRM

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/s/ William L. Bruckner
_________________________
William L. Bruckner
Attorneys for Defendant and
Counterclaimant ALLEN ENGINEERING
CONTRACTOR, INC.

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SALAMIRAD MORROW P.C.

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/s/ Ali Salamirad
_________________________
Ali Salamirad
Attorneys for Defendants SAFECO INSURANCE
COMPANY OF AMERICA, LIBERTY MUTUAL
INSURANCE

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STIPUTLATION AND CONSENT FOR DISMISSAL OF ENTIRE ACTION PURSUANT TO SETTLEMENT

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ORDER

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Good cause appearing, the above STIPULATION FOR DISMISSAL OF ENTIRE

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ACTION PURSUANT TO SETTLEMENT AND ORDER THEREON in Case No.: 1:11-CV-

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01590-MJS, is accepted. The action shall be dismissed, although the Court will retain jurisdiction

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to enforce the terms of the settlement if and as appropriate.

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IT IS SO ORDERED.
Dated:

May 19, 2015

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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STIPUTLATION AND CONSENT FOR DISMISSAL OF ENTIRE ACTION PURSUANT TO SETTLEMENT

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