McMillan, Jr. v. Lewis-Goetz and Company, Inc. et al

Filing 35

STIPULATION and ORDER 33 regarding Good Faith Settlement signed by District Judge Troy L. Nunley on 11/3/2015. IT IS HEREBY ORDERED that the settlement between plaintiff David E. McMillan, Jr. and defendant Flow International Corporation, identifie d in paragraph one of Stipulation is "in good faith" and satisfies requirements of California Code of Civil Procedure §877.6 and factors set forth in Tech-Built, Inc. v. Woodward-Clyde & Associates (1985) 37 Cal.3d 488 and its progeny . IT IS FURTHER ORDERED that all past, present, and future claims by any other party, or any other joint tortfeasor or co-obligor, including non-parties to this action, for any claims of equitable comparative contribution or partial or comparative indemnity, based on comparative negligence or comparative fault, are dismissed with prejudice and forever barred. (Marciel, M)

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CALVIN E. DAVIS (SBN: 101640)
LESLIE A. SHEEHAN (SBN: 106332)
GORDON & REES LLP
633 West Fifth Street, 52nd Floor
Los Angeles, CA 90071
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
FLOW INTERNATIONAL CORPORATION

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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Gordon & Rees LLP
633 West Fifth Street, 52nd Floor
Los Angeles, CA 90071

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DAVID E. MCMILLAN, JR.,

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Plaintiff,
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vs.
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VALLEY RUBBER & GASKET
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COMPANY, INC.; LEWIS-GOETZ
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AND COMPANY, INC.; FLOW
INTERNATIONAL CORPORATION; )
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DOES 1 THROUGH 100,
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Defendants.

CASE NO. 2:14-cv-01359-TLN-KJN
STIPULATION REGARDING
GOOD FAITH SETTLEMENT OF
DEFENDANT, FLOW
INTERNATIONAL
CORPORATION AND ORDER
Assigned to: Hon. Troy L. Nunley

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The parties to this action, by and through their undersigned counsel of
record, do hereby stipulate as follows:
1.

Counsel for Plaintiff, DAVID E. McMILLAN, JR. (“McMillan”), and

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Defendant, FLOW INTERNATIONAL CORPORATION (“Flow”), represent to

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the Court and parties that, after arms-length settlement negotiations, they have

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agreed to settle this matter for the sum of Twenty-five Thousand Dollars

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($25,000.00) in exchange for a release and dismissal with prejudice of McMillan’s

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case against Flow.

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2.

All parties to this matter agree that the settlement entered into

between McMillan and Flow complies with the factors and considerations set forth
-1STIPULATION REGARDING GOOD FAITH SETTLEMENT OF DEFENDANT, FLOW
INTERNATIONAL CORPORATION AND ORDER

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in Tech-Built, Inc. v. Woodward-Clyde & Associates (1985) 37 Cal.3d 488 and its

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progeny.

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3.

The parties to this matter further agree to a court order that the

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settlement agreement by and between McMillan and Flow is determined to be in

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good faith within the meaning of the California Code of Civil Procedure §§877

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and 877.6.

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4.

The parties to this matter also agree that, pursuant to the California

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Code of Civil Procedure §877.6(c), all past, present, and future claims by any other

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party, or any other joint tortfeasor or co-obligor, including non-parties to this
action, for any claims of equitable comparative contribution or partial or

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Gordon & Rees LLP
633 West Fifth Street, 52nd Floor
Los Angeles, CA 90071

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comparative indemnity, based on comparative negligence or comparative fault, are

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dismissed with prejudice and forever barred.

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5.

The parties to this matter agree that the filing of an application and/or

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motion for determination of good faith settlement would be a waste of client and

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judicial resources. Therefore, the parties waive notice of any submission of this

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stipulation for approval by the Court, whether on an ex parte basis or by formal

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noticed motion, because there is no opposition to Flow seeking an order that the

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settlement is in good faith.

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6.

This stipulation may be signed in counterparts.

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SO STIPULATED:
Dated: October 28, 2015

GORDON & REES LLP

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By: /s/ Leslie A. Sheehan
Calvin E. Davis
Leslie A. Sheehan
Attorneys for Defendant FLOW
INTERNATIONAL
CORPORATION

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-2STIPULATION REGARDING GOOD FAITH SETTLEMENT OF DEFENDANT, FLOW
INTERNATIONAL CORPORATION AND ORDER

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Dated: October 28, 2015

MICHAEL H. KIM, P.C.

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By: /s/ Michael H. Kim
Michael H. Kim, Esq.
Melanie Massey, Esq.
Attorneys for Plaintiff
DAVID E. MCMILLAN

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Dated: October 28, 2015

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METZ LEWIS BRODMAN MUST
O’KEEFE LLC

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By: /s/ Kenneth S. Kornacki
Kenneth S. Kornacki
Attorneys for Defendants
VALLEY RUBBER AND
GASKET COMPANY, INC. AND
LEWIS-GOETZ AND
COMPANY, INC.

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Gordon & Rees LLP
633 West Fifth Street, 52nd Floor
Los Angeles, CA 90071

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Dated: October 28, 2015

HOLDEN LAW GROUP

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By: /s/ Anthony C. Oceguera
Stephen R. Holden
Anthony C. Oceguera
Attorneys for Defendants
VALLEY RUBBER AND
GASKET COMPANY, INC. AND
LEWIS-GOETZ AND
COMPANY, INC.

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-3STIPULATION REGARDING GOOD FAITH SETTLEMENT OF DEFENDANT, FLOW
INTERNATIONAL CORPORATION AND ORDER

ORDER

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On the filing of the above stipulation of the parties hereto by their respective
attorneys,
IT IS HEREBY ORDERED that the settlement between Plaintiff, DAVID E.

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McMILLAN, JR. and Defendant, FLOW INTERNATIONAL CORPORATION,

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identified in paragraph one of the above stipulation is “in good faith” and satisfies

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the requirements of the California Code of Civil Procedure §877.6 and the factors

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set forth in Tech-Built, Inc. v. Woodward-Clyde & Associates (1985) 37 Cal.3d 488

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and its progeny.
IT IS FURTHER ORDERED that all past, present, and future claims by any

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Gordon & Rees LLP
633 West Fifth Street, 52nd Floor
Los Angeles, CA 90071

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other party, or any other joint tortfeasor or co-obligor, including non-parties to this

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action, for any claims of equitable comparative contribution or partial or

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comparative indemnity, based on comparative negligence or comparative fault, are

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dismissed with prejudice and forever barred.

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Dated: November 3, 2015

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Troy L. Nunley
United States District Judge

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-4-

STIPULATION REGARDING GOOD FAITH SETTLEMENT OF DEFENDANT, FLOW
INTERNATIONAL CORPORATION AND ORDER