Reclamation Dis 2116, et al v. Arcady Oil Company, et al

Filing 427

STIPULATION and ORDER OF DISMISSAL signed by Judge John A. Mendez on 4/24/15: All remaining claims, counterclaims, cross-claims and/or thirdparty claims that have been made by each of Plaintiffs and/or Defendants are dismissed without prejudice. (Kaminski, H)

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MILLER NASH GRAHAM & DUNN LLP
Phillip Allan Trajan Perez, Bar No. 234030
[e-mail]
100 Oceangate, Suite 300
Long Beach, California 90802
Telephone: [phone]
Facsimile: 206.340.9599
Attorneys for Defendant
ATLANTIC RICHFIELD COMPANY
(formerly Arco Oil and Gas Company) and
BP AMERICA PRODUCTION COMPANY
(formerly Amoco Production Company and
erroneously sued as Amoco Petroleum
Additives Company)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RECLAMATION DISTRICT NO.
2116, and WILLIAM P. DEPAOLI,
Plaintiff,

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STIPULATION OF DISMISSAL

v.

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Case No. 2:96-cv-01473-JAM-DAD

ARCADY OIL COMPANY, et al.,
Defendants.

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AND RELATED COUNTERCLAIMS
AND CROSS-CLAIMS

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Plaintiffs and Defendants file this stipulation of dismissal under

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Federal Rule of Civil Procedure 41(a)(1)(A)(ii).
1.

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WILLIAM P. DEPAOLI.
2.

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M ILLER N ASH
G RAHAM & D UNN
LLP
ATTORNEYS AT LAW
LONG BEACH

Plaintiffs are RECLAMATION DISTRICT NO. 2116 and

Defendants are OCCIDENTAL PETROLEUM

CORPORATION; OXY USA, INC.; HAMILTON BROTHERS CORPORATION;
ATLANTIC OIL COMPANY, CHEVRON U.S.A. INC.; ENCANA
STIPULATION OF DISMISSAL OF ALL PARTIES
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CORPORATION (formerly Pan Canadian Petroleum Company); MARATHAON

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OIL COMPANY (for Texas Oil & Gas Corporation); UNION OIL COMPANY OF

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CALIFORNIA (erroneously sued as Unocal); WESTERN CONTINENTAL

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OPERATING COMPANY; HESS CORPORATION (formerly Amerada Hess

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Corporation); ATLANTIC RICHFIELD COMPANY (formerly Arco Oil and Gas

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Company); BP AMERICA PRODUCTION COMPANY (formerly Amoco

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Production Company and erroneously sued as Amoco Petroleum Additives Co.);

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CONOCOPHILLIPS COMPANY; HEXADYNE ENERGY CORPORATION;

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HEXADYNE DRILLING CORPORATION (a dissolved California corporation);

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CMS ENERGY; and CLEVELAND DRILLING, INC. The other defendants

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originally named in this action have either been dismissed, had a default judgment

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entered against them or have not been active in this litigation.
3.

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On August 14, 1996 Plaintiffs filed their Complaint against

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Defendants. On January 17, 1997 Plaintiffs filed their First Amended Complaint

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against Defendants.
4.

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Plaintiffs move to dismiss the suit, including without limitation,

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all counts contained in their Complaint and First Amended Complaint, without

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prejudice.
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Defendants agree and stipulate to Plaintiffs' dismissal without

prejudice of their Complaint and First Amended Complaint.
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Counter-Complainant Atlantic Oil Company, filed a

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counterclaim against Plaintiffs on March 14, 1997, and moves to dismiss its

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counterclaim without prejudice.
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Counter-Complainant Encana Corporation (formerly Pan

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Canadian Petrol), filed a counterclaim against Plaintiffs on March 17, 1997, and

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moves to dismiss its counterclaim without prejudice.
8.

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M ILLER N ASH
G RAHAM & D UNN
LLP
ATTORNEYS AT LAW
LONG BEACH

Counter-Complainant Chevron U.S.A. Inc. filed a counterclaim

against Plaintiffs on March 14, 1997, and moves to dismiss its counterclaim without
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2:96-CV-01473-JAM-DAD

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prejudice.
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Counter-Complainant Union Oil Company of California

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(erroneously sued as Unocal), filed a counterclaim against Plaintiffs on March 14,

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1997, and moves to dismiss its counterclaim without prejudice.
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Counter-Complainant Texas Oil & Gas Corporation, filed

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counterclaim against Plaintiffs on March 14, 1997, and Marathon Oil Company (for

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Texas Oil & Gas Corporation and with the authority to do so) moves to dismiss

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Texas Oil & Gas Corporation's counterclaim without prejudice.
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Counter-Complainant Western Continental Operating

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Company, filed a counterclaim against Plaintiffs on December 16, 1996, and moves

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to dismiss its counterclaim without prejudice.

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Counter-Complainant Hamilton Brothers Corporation filed a

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counterclaim against Plaintiffs on November 18, 1996, and moves to dismiss its

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counterclaim without prejudice.

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13.

Counter-Complainant Occidental Petroleum Corporation filed a

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counterclaim against Plaintiffs on November 18, 1996, and moves to dismiss its

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counterclaim without prejudice.

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Counter-Complainant OXY USA, Inc. filed a counterclaim

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against Plaintiffs on November 18, 1996, and moves to dismiss its counterclaim

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without prejudice.

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their respective counterclaims and cross-claims.
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unincorporated association under Rule 23.2.
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LONG BEACH

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A receiver has not been appointed in this case.

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ATTORNEYS AT LAW

This case is not a class action under Federal Rule of Civil

Procedure 23, a derivative action under Rule 23.1, or an action related to an

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M ILLER N ASH
G RAHAM & D UNN
LLP

Plaintiffs agree to the Defendants' dismissal without prejudice of

This case is not governed by any federal statute that requires a
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court order for dismissal of the case.
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Plaintiffs have not previously dismissed any federal- or state-

court suit based on or including the same claims as those presented in this case.
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This dismissal is without prejudice as to all claims,

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counterclaims and cross-claims and, therefore, resolves all matters pending before

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this Court.
THEREFORE, IT IS HEREBY STIPULATED by and between the

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Parties hereto that all remaining claims, counterclaims, cross-claims and/or third-

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party claims that have been made by each of Plaintiffs and/or Defendants are

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dismissed without prejudice.

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DATED: April 23, 2015

ISOLA LAW GROUP, LLP

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/s/ David R. Isola
David R. Isola
Paul Hagen

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Attorneys for Plaintiffs RECLAMATION
DISTRICT NO. 2116 and WILLIAM P.
DEPAOLI

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DATED: April 23, 2015

GREENBERG GLUSKER FIELDS
CLAMAN & MACHTINGER LLP

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/s/ Peter A. Nyquist
Peter A. Nyquist
Christopher W. Smith

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Attorneys for Defendant HESS CORPORATION
(formerly Amerada Hess Corporation and
erroneously sued as Amereda Hess)

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M ILLER N ASH
G RAHAM & D UNN
LLP
ATTORNEYS AT LAW
LONG BEACH

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DATED: April 23, 2015

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/s/ Donald E. Sobelman
Donald E. Sobelman

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Attorneys for Defendants Hamilton Brothers
Corporation, Occidental Petroleum Corporation
and OXY USA, Inc.

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BARG COFFIN LEWIS & TRAPP LLP

DATED: April 23, 2015

BRIGHT AND BROWN

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/s/ Kristin Taylor
Kristin Taylor

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Attorneys for Defendants Atlantic Oil Company,
Chevron U.S.A. Inc., EnCana Corporation
(formerly Pan Canadian Petroleum Company),
Marathon Oil Company (for Texas Oil & Gas
Corporation), Union Oil Company of California
(erroneously sued as Unocal), and Western
Continental Operating Company

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DATED: April 23, 2015

THE COSTA LAW FIRM

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/s/ Daniel P. Costa
Daniel P. Costa

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Attorneys for Defendants Hexadyne Energy
Corporation and Hexadyne Drilling Exploration

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DATED: April 23, 2015

ORRICK HERRINGTON & SUTCLIFFE

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/s/ Michael Weed
Michael Weed

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Attorneys for Defendant CMS Energy.

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M ILLER N ASH
G RAHAM & D UNN
LLP
ATTORNEYS AT LAW
LONG BEACH

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DATED: April 23, 2015

NORIEGA & OLDAKER

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/s/ Robert J. Noriega ______________________
Robert J. Noriega

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Attorneys for Defendant Cleveland Drilling Co.

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DATED: April 23, 2015

GLYNN & FINLEY LLP

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/s/ Andrew T. Mortl
Andrew T. Mortl

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Attorneys for Defendant ConocoPhillips
Company, successor by merger to Conoco, Inc.,
and sued as Conoco, Inc.

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DATED: April 23, 2015

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MILLER NASH GRAHAM & DUNN LLP

By: /s/ Phillip Allan Trajan Perez
Phillip Allan Trajan Perez
Attorneys for Defendant ATLANTIC
RICHFIELD COMPANY (formerly Arco Oil
and Gas Company) and BP AMERICA
PRODUCTION COMPANY (formerly Amoco
Production Company and erroneously sued as
Amoco Petroleum Additives Company)

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SO ORDERED:

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DATED: April 24, 2015

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/s/ John A. Mendez_______________
United States District Court Judge

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M ILLER N ASH
G RAHAM & D UNN
LLP
ATTORNEYS AT LAW
LONG BEACH

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