Gcube Insurance Services, Inc. v. Lindsay Corporation

Filing 90

ORDER granting 79 Motion for determination of good faith settlement and dismissal signed by Senior Judge William B. Shubb on 6/24/14. (Kaminski, H)

1
2
3
4
5
6
7

A PROFESSIONAL CORPORATION
Timothy M. Blaine, SBN 124176
Christopher M. Egan, SBN 232301
Clayton T. Cook, SBN 260891
350 University Ave., Suite 200
Sacramento, California 95825
Tel: [phone]
Fax: [phone]
E-mails: [e-mail]; [e-mail]; [e-mail]
Attorneys for Third-Party Defendant PROJECT ASSISTANCE CORP. (formerly known as MATERIAL
INTEGRITY SOLUTIONS, INC.)

8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

PORTER | SCOTT

350 University Ave., Suite 200
Sacramento, CA 95825
TEL: [phone]
FAX: [phone]

12

GCUBE INSURANCE SERVICES,
INC., a California corporation,

13

Plaintiff,

14

v.
15
16
17
18
19
20

LINDSAY CORPORATION, a Delaware
corporation, and DOES 1 through 10,
inclusive,
Defendants.
_________________________________/
LINDSAY CORPORATION,

21
22
23
24
25
26
27
28

CASE NO. 2:12-cv-01163-WBS-CKD
ORDER GRANTING PROJECT
ASSISTANCE CORPORATION’S MOTION
FOR DETERMINATION OF GOOD FAITH
SETTLEMENT AND DISMISSAL (C.C.P §
877.6)
DATE:
TIME:
CTRM:
JUDGE:

June 30, 2014
2:00 p.m.
5
William B. Shubb

Complaint Filed:
Cross-Complaint Filed:

April 30, 2012
March 1, 2013

Third-Party Plaintiff,
v.
AREVA SOLAR, INC., AUSRA CA I,
LLC now known as AREVA SOLAR CA
I,
LLC;
SPECIAL
SERVICES
CONTRACTORS, INC.; LLOYD W.
AUBRY CO., INC.; MATERIAL
INTEGRITY SOLUTIONS, INC. and
ZOES 1 through 50, Inclusive,
Third-Party Defendants.
_________________________________/
1
[PROPOSED] ORDER GRANTING PROJECT ASSISTANCE CORPORATION’S MOTION FOR
DETERMINATION OF GOOD FAITH SETTLEMENT AND DISMISSAL (C.C.P § 877.6)
{01263842.DOCX}

1

Good

cause

appearing,

Third-Party

Defendant

PROJECT

ASSISTANCE

2

CORPORATION’s (PAC’s) motion for determination of good faith settlement and dismissal is

3

granted.

4
5

THEREFORE, IT IS ORDERED that PAC’s settlement with Plaintiff was entered into in
good faith pursuant to California Code of Civil Procedure sections 877 and 877.6.

6

IT IS FURTHER ORDERED that pursuant to California Code of Civil Procedure section

7

877.6(c), the settlement involving PROJECT ASSISTANCE CORPORATION bars any and all

8

present or future claims against PROJECT ASSISTANCE CORPORATION for equitable

9

comparative contribution, or partial or comparative indemnity, based on comparative negligence or

10
11

PORTER | SCOTT

350 University Ave., Suite 200
Sacramento, CA 95825
TEL: [phone]
FAX: [phone]

12
13
14

comparative fault.
IT IS FURTHER ORDERED that the Third-Party Complaint of Lindsay Corporation as to
PAC is dismissed with prejudice.
The June 30, 2014 hearing date is hereby vacated, and no appearance is required.
IT IS SO ORDERED.

15

Dated: June 24, 2014
16
17
18
19
20
21
22
23
24
25
26
27
28
2
[PROPOSED] ORDER GRANTING PROJECT ASSISTANCE CORPORATION’S MOTION FOR
DETERMINATION OF GOOD FAITH SETTLEMENT AND DISMISSAL (C.C.P § 877.6)
{01263842.DOCX}

1
2

Gcube Insurance Services, Inc. v. Lindsay Corporation
U.S. District Court, Eastern District of California, Case No. 2:12-cv-01163-WBS-CKD

3

PROOF OF SERVICE
4
5
6

I am a citizen of the United States and a resident of the County of Sacramento. I am over
the age of eighteen years and not a party to the above-entitled action; my business address is 350
University Avenue, Suite 200, Sacramento, CA 95825.

7
8
9
10
11

PORTER | SCOTT

350 University Ave., Suite 200
Sacramento, CA 95825
TEL: [phone]
FAX: [phone]

12
13
14
15
16
17
18
19

On the date referenced below, I served the following document(s):
[PROPOSED] ORDER GRANTING PROJECT ASSISTANCE CORPORATION’S
MOTION FOR DETERMINATION OF GOOD FAITH SETTLEMENT AND DISMISSAL
(C.C.P § 877.6)
X

BY MAIL. I am familiar with this Company's practice whereby the mail, after being
placed in a designated area, is given the appropriate postage and is deposited in a U. S.
mailbox in the City of Sacramento, California, after the close of the day’s business.

_____ BY PERSONAL SERVICE. I caused such document to be delivered by hand to the office
of the person(s) listed below.
_____ BY OVERNIGHT DELIVERY. I caused such document to be delivered by overnight
delivery to the office of the person(s) listed below.
_____ BY FACSIMILE. I caused such document to be faxed to the office of the person(s) listed
below with an original or copy of said document placed in the United States mail with
postage thereon fully prepaid at Sacramento, California.
addressed as follows:

20

PLEASE SEE ATTACHED SERVICE LIST
21
22

I declare under penalty of perjury that the foregoing is true and correct and was executed
on May 9, 2014, at Sacramento, California.

23

/s/ Sunita Narayan
Sunita Narayan

24
25
26
27
28

3
[PROPOSED] ORDER GRANTING PROJECT ASSISTANCE CORPORATION’S MOTION FOR
DETERMINATION OF GOOD FAITH SETTLEMENT AND DISMISSAL (C.C.P § 877.6)
{01263842.DOCX}

SERVICE LIST

1
2
3
4
5
6
7
8
9
10
11

PORTER | SCOTT

350 University Ave., Suite 200
Sacramento, CA 95825
TEL: [phone]
FAX: [phone]

12
13
14

Counsel for Plaintiff:
Jonathan A. Miles
Carissa M. Beecham
Edward C. Duckers
STOEL RIVES LLP
500 Capitol Mall, Suite 1600
Sacramento, CA 95814
Tel: [phone]
Fax: [phone]

Def/Third-Party Plaintiff Lindsay Corporation:
Jill A. Franklin
Yaron F. Dunkel
SCHAFFER, LAX McNAUGHTON & CHEN
515 South Figueroa Street, Suite 1400
Los Angeles, CA 90071
Tel: [phone]
Fax: [phone]
[e-mail]; [e-mail]

[e-mail]; [e-mail];
[e-mail]

Third-Party Defendant Special Services
Contractors, Inc.:
Brian A. Gonsalves
RESNICK & LOUIS, P.C.
9891 Irvine Center Drive, Suite 200
Irvine, CA 92618
Tel: [phone]
Fax: [phone]
[e-mail]

15
16
17
18
19
20
21
22
23
24
25
26
27
28
4
[PROPOSED] ORDER GRANTING PROJECT ASSISTANCE CORPORATION’S MOTION FOR
DETERMINATION OF GOOD FAITH SETTLEMENT AND DISMISSAL (C.C.P § 877.6)
{01263842.DOCX}