Gallo Glass Company v. Special Shapes Refractory Company, Inc. et al
Filing
60
ORDER ADOPTING 55 FINDINGS AND RECOMMENDATIONS;The settlement between Nikloaus Sorg GMBH & Company KG and Gallo Glass Company be found as made and entered into in good faith;Cross-Claim filed with this Court by Special Shapes Refractory Company is hereby DISMISSED WITH PREJUDICE, signed by Chief Judge Lawrence J. O'Neill on 11/16/18. (Martin-Gill, S)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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GALLO GLASS COMPANY
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Plaintiff,
v.
SPECIAL SHAPES REFRACTORY
COMPANY, INC., and NIKOLAUS
SORG GMBH & COMPANY KG,
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Case No. 1:16-cv-01446 LJO-BAM
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS
(Doc. 55)
Defendants
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NIKOLAUS SORG GMBH &
COMPANY KG,
Cross-Claimant
v.
SPECIAL SHAPES REFRACTORY
COMPANY, INC.,
Cross-Defendant.
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On September 17, 2018, the Magistrate Judge issued Findings and Recommendations that
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the motion for good faith settlement determination by Defendant/Cross-Claimant/Cross-Defendant,
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NIKOLAUS SORG GMBH & COMPANY KG’s (“SORG”) be granted. This Findings and
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Recommendation was served on all parties and contained notice that any objections were to be filed
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within fifteen (15) days of the date of 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 file, the Court concludes that the
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Magistrate Judge’s Findings and Recommendations is supported by the record and proper analysis.
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Accordingly, IT IS HEREBY ORDERED that:
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1.
FULL;
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The Findings and Recommendations issued September 17, 2018, is ADOPTED IN
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The settlement between Nikloaus Sorg GMBH & Company KG and Gallo Glass
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Company be found as made and entered into in good faith pursuant to Code Civ.
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Proc. § 877.6(a)(1) and (c) and in accordance with Tech-Bilt, Inc. v.
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WoodwardClyde & Assoc., 38 Ca1.3d 488, 494 (1985);
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3.
Any party, person or entity is barred from maintaining or making any future
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claim(s) against Nikloaus Sorg GMBH & Company KG for equitable comparative
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contribution or for partial or complete comparative indemnity, under common law
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or statute, or based upon principles of comparative negligence or comparative fault
based upon the claims at issue in this matter; and
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4.
The Cross-Claim filed with this Court by Special Shapes Refractory Company (Case
No.: 1:16-CV-01446-LJO-BAM) which alleges causes of action for Implied and
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Equitable Indemnity, Contribution and Declaratory Relief against Nikloaus Sorg
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GMBH & Company KG is hereby DISMISSED WITH PREJUDICE.
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IT IS SO ORDERED.
Dated:
/s/ Lawrence J. O’Neill _____
November 16, 2018
UNITED STATES CHIEF DISTRICT JUDGE
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