Roebbelen Contracting Inc v. Surface America, Inc.

Filing 12

STIPULATION and ORDER 10 for Dismissal signed by Judge Morrison C. England, Jr. on 6/19/2012. This action is DISMISSED with prejudice pursuant to FRCP (a)(1). Court shall retain jurisdiction over case to enforce terma and conditions of Settlement Agreement. (Marciel, M)

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DAVID H. BARTHOLOMEW (SBN 242377)
LAW OFFICE OF DAVID H. BARTHOLOMEW
9000 Leatham Ave.
PO Box 1297
Fair Oaks, CA 95628
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
ROEBBELEN CONTRACTING, INC.

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ROGERS JOSEPH O’DONNELL
AARON P. SILBERMAN (State Bar No. 161021)
311 California Street
San Francisco, California 94104
Telephone: [phone]
Facsimile: 415.956.6457

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Attorneys for Defendant
SURFACE AMERICA, INC.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Case No. 2:08-CV-01336 FCD-EFB

ROEBBELEN CONTRACTING, INC., a
California corporation,

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STIPULATION OF DISMISSAL AND
REQUEST FOR RETENTION OF
JURISDICTION TO ENFORCE
SETTLEMENT AND ORDER

Plaintiff,

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vs.
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SURFACE AMERICA, INC., a New York
corporation; and DOES 1 through 25,
inclusive,

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Defendants.

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Plaintiff ROEBBELEN CONTRACTING, INC. and Defendant SURFACE AMERICA, INC.

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jointly submit this Stipulation of Dismissal and Request for Retention of Jurisdiction to Enforce

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Settlement in the above-captioned matter.

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-1Stipulation of Dismissal and Request for Retention of Jurisdiction to Enforce Settlement and Order, Case No.
2:08-CV-01336 FCD-EFB

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THE PARTIES STIPULATE AS FOLLOWS:

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WHEREAS, Roebbelen Contracting, Inc. commenced this Action in El Dorado County

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Superior Court on or about May 13, 2008;

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WHEREAS, on or about June 11, 2008, Defendant Surface America, Inc. filed with this Court

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its Notice of Removal transferring this Action to this Court on the grounds of diversity of citizenship;
WHEREAS, this matter was stayed by the Parties’ Stipulation pending alternative dispute

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resolution on or about June 25, 2008;

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WHEREAS, Roebbelen Contracting, Inc. and Surface America, Inc. engaged in private

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mediation on January 25, 2012 with Mr. Randall Wulff acting as mediator in an attempt to resolve the

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larger dispute between the Parties, including the dispute which is the subject of this action;
WHEREAS, the Parties reached a settlement in principal at said mediation and later finalized

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and reduced the terms of the settlement to formal settlement documents including a Settlement

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Agreement; and

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WHEREAS, the Parties desire to discontinue this Action, dismissing the Action with

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prejudice, requesting however that the Court retain jurisdiction over the Action to enforce the

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settlement in accordance with the terms and conditions of the Settlement Agreement entered into

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between the Parties, with a true and correct copy of such Settlement Agreement to be filed with a

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motion to enforce the terms of the settlement should such motion become necessary.
IT IS HEREBY STIPULATED by and between the Parties to this Action through their

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designated counsel:
THAT the above-captioned action be and hereby is dismissed with prejudice pursuant to

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FRCP 41(a)(1); and
THAT this Court retain jurisdiction over the Action to enforce the terms and conditions of the

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Settlement Agreement between the Parties, which by its terms is to be fully performed in early

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January, 2014.

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-2Stipulation of Dismissal and Request for Retention of Jurisdiction to Enforce Settlement and Order, Case No.
2:08-CV-01336 FCD-EFB

IT IS SO STIPULATED.

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Dated: June _____, 2012

LAW OFFICE OF DAVID H. BARTHOLOMEW

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By:

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DAVID H. BARTHOLOMEW
Attorney for Plaintiff ROEBBELEN
CONTRACTING, INC.

Dated: June _____, 2012

ROGERS JOSEPH O'DONNELL

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By: _________________________________
AARON P. SILBERMAN
Attorneys for Defendant SURFACE
AMERICA, INC.

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GOOD CAUSE APPEARING THEREFORE, IT IS HEREBY ORDERED:

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THAT the above-captioned action be and hereby is dismissed with prejudice pursuant to

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FRCP 41(a)(1); and

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THAT this Court retain jurisdiction over the Action to enforce the terms and conditions of the

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Settlement Agreement entered into between the Parties, a true and correct copy of which shall be filed

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by either Party in the event that a motion to enforce the terms of the Settlement Agreement becomes

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warranted.

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Dated: June 19, 2012

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__________________________________
MORRISON C. ENGLAND, JR
UNITED STATES DISTRICT JUDGE

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DEAC_Signature-END:

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c4d6b0d3

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-3Stipulation of Dismissal and Request for Retention of Jurisdiction to Enforce Settlement and Order, Case No.
2:08-CV-01336 FCD-EFB