Canam Steel Corporation v. Mayo, et al.,

Filing 63

STIPULATION and ORDER signed by Judge Morrison C. England, Jr on 1/6/2010 GRANTING 62 Stipulation and Proposed Order; This action is dismissed in its entirety with prejudice, with each party to bear its own attorneys fees and costs, and that the Court shall retain post-dismissal jurisdiction to enforce the Settlement Agreement. Civil Case Terminated. CASE CLOSED. (Matson, R)

1 2 3 4 5 6 7 8 9 10 11 12

NICHOLAS A. CARLIN (State Bar No. 112532) DAVID M. GIVEN (State Bar No. 142375) FEATHER D. BARON (State Bar No. 252489) PHILLIPS, ERLEWINE & GIVEN LLP 50 California Street, 35th Floor San Francisco, California 94111 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff/Cross-Defendant

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

50 California Street, 35th Flr. San Francisco, CA 94111 [phone]

13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

) ) ) ) Plaintiff, ) ) v. ) ) JOHN MAYO, an individual; CADELA ) STEEL, INC., a California corporation; JD2, ) INC., a California corporation; and THE ) SPECTRUS GROUP, INC., ) ) Defendants. ) ) ) ) AND RELATED CROSS-ACTION _________________________________________________) CANAM STEEL CORPORATION, a Delaware corporation, for itself and derivatively for JD2, Inc.,

CASE NO. 2:09-cv-00672-MCE-KJM
STIPULATION AND ORDER DISMISSING ACTION WITH PREJUDICE Action Filed: March 11, 2009

PHILLIPS, ERLEWINE & GIVEN LLP

STIPULATION FOR DISMISSAL WITH PREJUDICE Plaintiff Canam Steel Corporation and defendants John Mayo, Cadela Steel, Inc., JD2, Inc. and The Spectrus Group, Inc. have reached a settlement of all claims and cross-claims in the above-captioned action, the terms of which are detailed in that certain Stipulation for Settlement (the "Settlement Agreement") dated October 30, 2009, Reference No. 1100059823. Accordingly, the undersigned, being counsel of record for the respective parties in this action, hereby request, pursuant to Federal Rules of Civil Procedure, Rule 41(a)(2), that this

STIPULATION AND [PROPOSED] ORDER DISMISSING ACTION -- CASE NO. 2:09-cv-00672-MCE-KJM

1

1 2 3 4 5 6 7 8 9 10 11 12

Court enter a final order dismissing this action in its entirety and with prejudice, with each party to bear its own costs and attorneys' fees. The undersigned further request that the Court retain post-dismissal jurisdiction to enforce the Settlement Agreement. IT IS SO STIPULATED.

Dated: December_31_, 2009

MENNEMEIER, GLASSMAN & STROUD LLP KENNETH C. MENNEMEIER STEPHEN LAU By: _______/s/_________________________________ Kenneth C. Mennemeier, Attorneys for Defendants John Mayo, Cadela Steel, Inc., and The Spectrus Group, Inc. SERLIN & WHITEFORD, LLP MARK A. SERLIN By: _____/s/____________________________________ Mark A. Serlin, Attorneys for Defendant/CrossComplainant JD2, Inc.

PHILLIPS, ERLEWINE & GIVEN LLP

50 California Street, 35th Flr. San Francisco, CA 94111 [phone]

13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Dated: December _29_, 2009

Dated: December _31_, 2009

PHILLIPS, ERLEWINE & GIVEN LLP DAVID M. GIVEN FEATHER D. BARON

By:

______/s/____________________________________ David M. Given, Attorneys for Plaintiff/Cross-Defendant Canam Steel Corporation

STIPULATION AND [PROPOSED] ORDER DISMISSING ACTION -- CASE NO. 2:09-cv-00672-MCE-KJM

2

1 2 3 4 5 6 7 8 9 10 11 12

ORDER

Pursuant to stipulation, good cause having been shown, IT IS HEREBY ORDERED THAT the above-captioned action is dismissed in its entirety with prejudice, with each party to bear its own attorneys' fees and costs, and that the Court shall retain post-dismissal jurisdiction to enforce the Settlement Agreement. IT IS SO ORDERED. DATED: January 6, 2010 __________________________________ MORRISON C. ENGLAND, JR UNITED STATES DISTRICT JUDGE

PHILLIPS, ERLEWINE & GIVEN LLP

50 California Street, 35th Flr. San Francisco, CA 94111 [phone]

13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

STIPULATION AND [PROPOSED] ORDER DISMISSING ACTION -- CASE NO. 2:09-cv-00672-MCE-KJM

3