CA Dept Toxic Sub v. Brighton Oil Co, et al

Filing 1133

ORDER FOR DISMISSAL OF CLAIMS WITHOUT PREJUDICE AGAINST NON-SETTLING PARTIES per 41(a)(2) signed by Judge Garland E. Burrell, Jr. on 06/08/10 ORDERING that each party bear its own attorneys' fees and costs. Aerojet General Corp; Andrews Enterpr ises Inc; Atlantic Richfield; Chevron Corporation; Chevron Corporation; Chevron Corporation; Chevron Corporation; Chevron Corporation; Chevron Corporation; City of Roseville; Ellsworth Harrold Co; Exxon Mobil Corporation; F B Hart Company; Charles V. Kester; Christine E McDuffee; Christine E McDuffee; Herbert S McDuffie, Jr; Herbert S McDuffie, Jr; Pacific Gas and Electric Company; Pacific Gas and Electric Company; Pacific Gas and Electric Company; Pacific Gas and Electric Company; Pacific Gas a nd Electric Company; Pacific Gas and Electric Company; Pacific Gas and Electric Company; Pacific Gas and Electric Company; Pacific Gas and Electric Company; Pacific Gas and Electric Company; Petroleum Tank Line; R L Niello Inc; R L Niello Inc; R L Ni ello Inc; R L Niello Inc; R L Niello Inc; R L Niello Inc; R L Niello Inc; R L Niello Inc; Sacramento City; Sacramento City; Sacramento City; Sacramento City; Sacramento City; Sacramento City; Sacramento County; Sacramento Municipal Utility District; Sacramento Municipal Utility District; Sacramento Municipal Utility District; Sacramento Municipal Utility District; Sacramento Municipal Utility District; Shell Oil Company; Suburban Motors Inc; Texaco Marketing and Refining Inc; Texaco Marketing an d Refining Inc; Texaco Marketing and Refining Inc; Tiechert Inc; Tiechert Inc; Tiechert Inc; Union Oil Company of California; Union Pacific Railroad Company; Valley Livestock Transportation Service; White Rock & Kilgore, LLC; Aerojet General Corp and Aerojet General Corp terminated. (Benson, A.)

1 2 3 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA Case No. CIV-S-02-0018 GEB/GGH ORDER FOR DISMISSAL OF CLAIMS WITHOUT PREJUDICE AGAINST NON-SETTLING PARTIES PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41(A)(2) AND THAT EACH PARTY BEAR ITS OWN ATTORNEYS' FEES AND COSTS

CALIFORNIA DEPARTMENT OF TOXIC 11 SUBSTANCES CONTROL, Plaintiff, vs.

12 13

14 BRIGHTON OIL CO., a California limited partnership; BRIGHTON-BENGAL OIL 15 REFINING CO., a California corporation, et al., 16 Defendants. 17 18 AND RELATED COUNTERCLAIMS CROSS-CLAIMS, AND THIRD PARTY 19 CLAIMS. 20 21 22 23 24 25 26 27 28

Having considered the Settling Parties' Motion for an Order for Dismissal of Claims Without Prejudice Against Non-Settling Parties Pursuant to Federal Rule of Civil Procedure 41(a)(2) and that Each Party Bear Its Own Attorneys' Fees and Costs, /// /// 1
[PROPOSED] ORDER FOR DISMISSAL OF CLAIMS WITHOUT PREJUDICE AGAINST NON-SETTLING PARTIES PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41(A)(2) AND THAT EACH PARTY BEAR ITS OWN ATTORNEYS' FEES AND COSTS

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. The counterclaims, cross-complaints and third party complaints of Defendants ESTATE OF HERBERT S. MCDUFFEE, JR., DECEASED, CHRISTINE E. MCDUFFEE, MID-VALLEY DEVELOPMENT INC., WHITE ROCK & KILGORE, LLC, and RAVIND SHANKAR, AEROJET-GENERAL CORPORATION, CHEVRON CORPORATION, incorrectly sued as "CHEVRON CORP.", PACIFIC GAS & ELECTRIC COMPANY, R.L. NIELLO, INC., CITY OF SACRAMENTO, COUNTY OF SACRAMENTO, SACRAMENTO MUNICIPAL UTILITY DISTRICT, TEXACO, INC., incorrectly sued as "TEXACO MARKETING & REFINING , INC.", TEICHERT,INC. and the THE UNITED STATES AIR FORCE, and Third Party Defendants ANDREWS ENTERPRISES, INC., ATLANTIC RICHFIELD COMPANY, CITY OF ROSEVILLE, ELLSWORTH HARROLD COMPANY, EXXON MOBIL CORPORATION, J.H. HART PROPERTIES, formerly known as F.B. HART COMPANY, NAVISTAR, INC., formerly known as INTERNATIONAL TRUCK AND ENGINE CORPORATION, PETROLEUM TANK LINE, SHELL OIL COMPANY, SUBURBAN MOTORS, INC., UNION OIL COMPANY OF CALIFORNIA, UNION PACIFIC RAILROAD COMPANY, a subsidiary of UNION PACIFIC CORPORATION, AND VALLEY LIVESTOCK TRANSPORTATION SERVICE, INC., (hereinafter collectively referred to as "Settling Parties") are dismissed without prejudice against the Non Settling Parties, GORDON TURNER MOTORS, FUTURE NISSAN, KEIL ENTERPRISES, MAITA OLDSMOBILE, SHARON L. STONE, CHARLES V. KESTER, DANIEL L. KESTER, PURITY OIL SALES, INC., a California Corporation, LAVERN GROOMS, and JOHN L. SULLIVAN CHEVROLET INC. (hereinafter referred to as the "Non-Settling Parties"). 2. Each party will bear its own attorneys' fees and costs in this action and the NonSettling Parties are barred from seeking attorneys' fees and costs against the Settling Parties. IT IS SO ORDERED.

DATED: 6/8/10
GARLAND E. BURRELL, JR. United States District Judge

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[PROPOSED] ORDER FOR DISMISSAL OF CLAIMS WITHOUT PREJUDICE AGAINST NON-SETTLING PARTIES PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41(A)(2) AND THAT EACH PARTY BEAR ITS OWN ATTORNEYS' FEES AND COSTS