Merkley v. Continental Labor Resources, Inc. et al

Filing 48

ORDER Directing the Clerk of the Court to Close this Action, signed by Magistrate Judge Jennifer L. Thurston on 12/19/16. CASE CLOSED. (Verduzco, M)

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Andrew C. Muzi, Esq., Bar No. 132282
[e-mail]
Nida L. Henderson, Esq., Bar No. 242877
[e-mail]
MUZI & ASSOCIATES, APLC
111 Pacifica, Suite 220
Irvine, California 92618-7425
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant/Counter-Claimant
C.L. KNOX, INC. dba ADVANCED INDUSTRIAL SERVICES
erroneously sued as ADVANCED INDUSTRIAL SERVICES, INC.
UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA
)
)
)
Plaintiff,
)
)
)
v.
)
)
CONTINENTAL LABOR RESOURCES,)
INC.;
ADVANCED
INDUSTRIAL)
)
SERVICES, INC.; and DOES 1 through)
)
50, inclusive,
)
)
Defendants.
)
__________________________________ )
C.L. KNOX, INC. dba ADVANCED)
)
INDUSTRIAL SERVICES, a California)
corporation,
)
)
)
Counter-Claimant,
)
)
)
v.
)
CONTINENTAL LABOR RESOURCES,)
INC., a California Corporation; and ROES)
)
1 through 10,
)
)
Counter-Defendants.
)

BENNIE MERKLEY, an individual,

Case Number: 1:14-CV-01867-JLT
ORDER DIRECTING THE CLERK OF
THE COURT TO CLOSE THIS
ACTION

-1STIPULATION TO DISMISS COUNTERCLAIMS

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Pursuant to Local Rule 143, Defendant/Counter-Claimant C.L. KNOX,

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INC. dba ADVANCED INDUSTRIAL SERVICES (hereinafter “AIS”), and

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Defendant/Counter-Defendant CONTINENTAL LABOR RESOURCES, INC.

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(hereinafter “CLR” and collectively with AIS, the “Parties”), stipulate as follows:

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WHEREAS, on or about April 3, 2015, AIS filed a Cross-Complaint

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against CLR, alleging counterclaims of equitable indemnity, implied indemnity,

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apportionment and contribution, and declaratory relief;

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WHEREAS, AIS’ counterclaims against CLR have settled; and

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WHEREAS, the Parties agree that AIS’ counterclaims against CLR should

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be dismissed with prejudice in light of AIS and CLR’s settlement.
THEREFORE, IT IS HEREBY STIPULATED, by and between the Parties,
through their respective undersigned counsel, subject to approval by this
Honorable Court, that the counterclaims of AIS against CLR are dismissed with

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prejudice.

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DATED:

12/8/16

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MUZI & ASSOCIATES, APLC
BY:

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DATED:

12/8/16

/s/ Nida L. Henderson, Esq.
Nida L. Henderson, Esq.
Andrew C. Muzi, Esq.
Attorney for Defendant/Counter-Claimant
C.L. KNOX, INC. dba ADVANCED
INDUSTRIAL SERVICES
LITTLER MENDELSON, P.C.

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BY:

/s/ Irene Fitzgerald, Esq.
Irene Fitzgerald, Esq.
Attorney for Counter-Defendant
CONTINENTAL LABOR RESOURCES,
INC.

-2STIPULATION TO DISMISS COUNTERCLAIMS

ORDER

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On December 9, 2016, the parties to the cross complaint filed a stipulation to dismiss the

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action. (Doc. 39) Federal Rules of Civil Procedure Rule 41 provides that “the [cross-

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complainant] may dismiss an action without a court order by filing. . . a stipulation of dismissal

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signed by all parties who have appeared.”. . .” Fed. R. Civ. P. 41(a). Once such a notice has

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been filed, an order of the Court is not required to make the dismissal effective. Fed. R. Civ. P.

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41(a)(1)(ii); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). Because the cross

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complaint is the only remaining portion of this case, the Clerk of Court is DIRECTED to close

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this action in light of the notice of dismissal with prejudice filed and properly signed pursuant to

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Rule 41(a).

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IT IS SO ORDERED.
Dated:

December 19, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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-3STIPULATION TO DISMISS COUNTERCLAIMS