Gcube Insurance Services, Inc. v. Lindsay Corporation

Filing 75

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 4/10/2014; the court finds and orders as follows: There appearing to the satisfaction of the court that the settlement between Third Party Plaintiff Lindsay Corporation on one hand, a nd Third Party Defendant Special Service Contractors, Inc., on the other hand, is a good faith settlement within the meaning and effect of California Code of Civil Procedure § 877.6. Accordingly, all further claims against Special Service Contractors, Inc., for equitable or comparative contribution, indemnity, partial or comparative indemnity, comparative negligence or comparative fault are barred. (Zignago, K.)

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BRIAN A. GONSALVES, ESQ., SBN 238317
RESNICK & LOUIS, P.C.
9891 Irvine Center Dr., Suite 200
Irvine, CA 92618
714.709.4400
Attorney for Third Party Defendant
Special Service Contractors, Inc.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GCUBE INSURANCE SERVICES, INC., a
California Corporation

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Case No.: 2:12-cv-01163-WBS-CKD
STIPULATION AND [PROPOSED]
ORDER THAT THE SETTLEMENT
BETWEEN THIRD PARTY
DEFENDANT SPECIAL SERVICE
CONTRACTORS, INC., AND THIRD
PARTY PLAINTIFF LINDSAY
CORPORATION IS A GOOD FAITH
SETTLEMENT PURSUANT TO
CALIFORNIA CODE OF CIVIL
PROCEDURE §877.6

Plaintiff,

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v.
LINDSAY CORPORATION, a Delaware
corporation, and DOES 1 through 10,
inclusive,

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Defendants.

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Judge: Hon. William B. Shubb
Complaint Filed: 4/30/12
Trial Date: 7/15/14

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LINDSAY CORPORATION, Third-Party
Plaintiff,
v.

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AREVA SOLAR, INC., AUSRA CA I, LLC
now known as AREVA SOLAR CA I, LLC;
SPECIAL SERVICES CONTRACTORS,
INC; LLOYD W. AUBREY CO., INC.;
MATERIAL INTEGRITY SOLUTIONS,
INC, and ZOES 1 through 50 Inclusive,
Third-Party Defendants.
Whereas, Defendant / Third Party Plaintiff LINDSAY CORPORATION has agreed to

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settle its third party claim against SPECIAL SERVICE CONTRACTORS, INC., in exchange for

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payment by or on behalf of SPECIAL SERVICE CONTRACTORS, INC., to LINDSAY

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CORPORATION in the total amount of $50,000.

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By and through its counsel of record, each remaining party in this litigation hereby

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stipulates that this settlement is a “Good Faith Settlement” as that term is used in California Code

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of Civil Procedure § 877.6 and that by this settlement all further claims against SPECIAL

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SERVICE CONTRACTORS, INC., for equitable or comparative contribution, indemnity, partial

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or comparative indemnity, comparative negligence or comparative fault are barred. The parties

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hereby agree this stipulation may be executed in counterparts by way of original, electronic

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and/or facsimile signatures.
IT IS SO STIPULATED.
DATED: April
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, 2014.
STOEL RIVES, LLP

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By:

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DATED: April

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/s/ Jonathan A. Miles
Jonathan A. Miles, Esq.
Attorneys for Plaintiff
GCube Insurance Services, Inc.

, 2014.

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SCHAFFER, LAX, MCNAUGHTON & CHEN

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By:

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/s/ Jill A. Franklin
Jill A. Franklin, Esq.
Attorneys for Defendant and Third Party
Plaintiff Lindsay Corporation

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DATED: April

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, 2014.
PORTER SCOTT
By: /s/ Timothy M. Blaine
Timothy M. Blaine, Esq.
Clayton T. Cook, Esq.
Attorneys for Third Party Defendant
Project Assistance Corporation (successor in
interest to Material Integrity Solutions)

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DATED: April 9, 2014.

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RESNICK & LOUIS, P.C.

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By /s/ Brian A. Gonsalves

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BRIAN A. GONSALVES, ESQ.
Attorneys for Third Party Defendant
Special Service Contractors, Inc.

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ORDER

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All Parties having stipulated for an order determining the good faith of the settlement
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between Third Party Plaintiff Lindsay Corporation and Third Party Defendant Special Service
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Contractors, Inc., pursuant to California Code of Civil Procedure § 877.6, the court finds and
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orders as follows:
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There appearing to the satisfaction of the court that the settlement between Third Party
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Plaintiff Lindsay Corporation on one hand, and Third Party Defendant Special Service
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Contractors, Inc., on the other hand, is a good faith settlement within the meaning and effect of
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California Code of Civil Procedure § 877.6. Accordingly, all further claims against Special
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Service Contractors, Inc., for equitable or comparative contribution, indemnity, partial or
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comparative indemnity, comparative negligence or comparative fault are barred.
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Dated: April 10, 2014
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