Timec Company, Inc. et al v. Brown et al

Filing 42

ORDER signed by Judge John A. Mendez on 5/12/14 DISMISSING CASE without prejudice pursuant to FRCP 41(a)(1). Each party shall bear his or its own attorneys' fees and costs. CASE CLOSED. (Manzer, C)

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LITTLER MENDELSON, P.C.
Richard N. Hill, Bar No. 083629
Michael J. Lotito, Bar No. 108740
Stephen C. Tedesco, Bar No. 130325
[e-mail];[e-mail]
650 California Street, 20th Floor
San Francisco, CA 94108.2693
Telephone:
415.433.1940
Facsimile:
415.399.8490
ATKINSON, ANDELSON, LOYA, RUUD & ROMO
A Professional Corporation
Steven D. Atkinson, Bar No. 59094
Scott K. Dauscher, Bar No. 204105
12800 Center Court Drive South, Suite 300
Cerritos, California 90703-9364
Telephone: [phone]
Fax: [phone]
Attorneys for Plaintiffs
TIMEC COMPANY, INC. dba TRANSFIELD SERVICES;
PETROCHEM INSULATION, INC.; SSP INDUSTRIAL
PLANT RECLAMATION, A CALIFORNIA JOINT
VENTURE dba PLANT RECLAMATION; ANTHONY
GILLISPIE; and RUDOLFO LOPEZ

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LITTLER MENDELSON, P.C.
650 California Street
20th Floor
San Francisco, CA 94108.2693
415.433.1940

TIMEC COMPANY, INC. dba TRANSFIELD SERVICES;
PETROCHEM INSULATION, INC.; SSP INDUSTRIAL PLANT
RECLAMATION, A CALIFORNIA JOINT VENTURE, dba
PLANT RECLAMATION; ANTHONY GILLISPIE; and
RUDOLFO LOPEZ
Plaintiffs,
v.
EDMUND G. BROWN, IN HIS OFFICIAL CAPACITY AS
GOVERNOR OF THE STATE OF CALIFORNIA; KAMALA
HARRIS, IN HER OFFICIAL CAPACITY AS ATTORNEY
GENERAL FOR THE STATE OF CALIFORNIA; CHRISTINE
BAKER, IN HER OFFICIAL CAPACITY AS DIRECTOR OF
THE CALIFORNIA DEPARTMENT OF INDUSTRIAL
RELATIONS; DIANE RAVNIK, IN HER OFFICIAL CAPACITY
AS THE CHIEF OF THE CALIFORNIA DIVISION OF
APPRENTICESHIP STANDARDS; MATT RODRIGUEZ, IN HIS
OFFICIAL CAPACITY AS CALIFORNIA SECRETARY FOR
ENVIRONMENTAL PROTECTION; CALIFORNIA
ENVIRONMENTAL PROTECTION AGENCY.
AGENCY; JIM BOHON, IN HIS OFFICIAL CAPACITY AS
CHIEF CAL/EPA UNIFIED PROGRAM, and DOES 1-50,
INCLUSIVE
Defendants.
STIPULATION OF DISMISSAL WITHOUT
PREJUDICE AND [PROPOSED] ORDER

Case No. 2:13-CV-02521JAM-DAD

STIPULATION OF
DISMISSAL WITHOUT
PREJUDICE AND
ORDER

Case No. 2:13-cv-02521-JAM-DAD

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Pursuant to F.R.C.P. Rule 41(a)(1)(a)(ii), all Plaintiffs, all Defendants and Intervenor hereby

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stipulate to dismiss the pending action without prejudice. This Stipulation is based on the Court’s

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March 5, 2014, Order that Plaintiffs do not currently have standing to challenge SB 54.

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Notwithstanding the prior Stipulation between the parties dated January 15, 2014, if any of

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the Plaintiffs file a subsequent action based on or including the same claim(s) against the same

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Defendants, Intervenor shall not be precluded from seeking an award of costs and fees from such

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Plaintiffs to the extent permitted by Federal Rule of Civil Procedure 41(d).

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IT IS SO STIPULATED.
Dated: May 8, 2014

LITTLER MENDELSON

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___//S//_______________________________
RICHARD N. HILL
Attorneys for Plaintiffs

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Dated: May 8, 2014

CALIFORNIA DEPARTMENT OF JUSTICE

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____//S//_______________________________
JOHN W. KILLEEN
Attorneys for Defendants

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Dated: May 8, 2014

STRUMWASSER & WOOCHER

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____//S//_______________________________
FREDRIC WOOCHER
Attorneys for Intervenor

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LITTLER MENDELSON, P.C.
650 California Street
20th Floor
San Francisco, CA 94108.2693
415.433.1940

STIPULATION OF DISMISSAL WITHOUT
PREJUDICE AND [PROPOSED] ORDER

1.

Case No. 2:13-cv-02521-JAM-DAD

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ORDER

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Pursuant to the Parties’ Stipulation Re Dismissal Without Prejudice Pursuant To Federal

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Rule Of Civil Procedure 41(A)(1), and GOOD CAUSE APPEARING THEREFOR, it is HEREBY

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ORDERED, ADJUDGED and DECREED as follows:

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(1)

this entire action, and each and every claim for relief asserted therein, shall be and
hereby is DISMISSED IN ITS ENTIRETY WITHOUT PREJUDICE;

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(2)

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SO ORDERED.

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each party shall bear his or its own attorneys’ fees and costs in this action.

Dated: May 12, 2014

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/s/ JOHN A. MENDEZ
JOHN A. MENDEZ
UNITED STATES DISTRICT COURT
JUDGE

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Firmwide:126915642.1 079628.1001

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LITTLER MENDELSON, P.C.
650 California Street
20th Floor
San Francisco, CA 94108.2693
415.433.1940

STIPULATION OF DISMISSAL WITHOUT
PREJUDICE AND [PROPOSED] ORDER

Case No. 2:13-cv-02521-JAM-DAD