Cemex Construction Materials Pacific, LLC v. Romero General Construction Corp., et al.

Filing 14

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 8/21/14. Pursuant to FRCP 41(a)(2), this case is hereby DISMISSED WITHOUT PREJUDICE as to defendant Gray Insurance Company. (Manzer, C)

1 ATKINSON, ANDELSON, LOYA, RUUD & ROMO
A Professional Corporation
2 Scott K. Dauscher, Esq. (State Bar No. 204105)
[e-mail]
Dan J. Bulfer, Esq. (State Bar No. 280046)
3
[e-mail]
12800 Center Court Drive South, Suite 300
4
Cerritos, California 90703-9364
5 Telephone: [phone]
Facsimile: [phone]
6 Attorneys for Use-Plaintiff CEMEX CONSTRUCTION
MATERIALS PACIFIC, LLC
7

A PROFESSIONAL CORPO RATION
ATTORNEYS AT LAW
12800 CENTER COURT DRIVE SOUTH, SUITE 300
CERRITOS, CAL IFORNIA 90703-9364
TELEPHONE: [phone]
FACSIMILE: (562) 653- 3333

ATKINSON, ANDELSON, LOYA, RUUD & ROMO

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UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10 UNITED STATES OF AMERICA, for the use
of CEMEX CONSTRUCTION MATERIALS
11 PACIFIC, LLC; and CEMEX
CONSTRUCTION MATERIALS PACIFIC,
12 LLC, a Delaware limited liability company,
13

STIPULATED REQUEST TO DISMISS
PLAINTIFF’S CLAIMS AGAINST
DEFENDANT GRAY INSURANCE
COMPANY WITHOUT PREJUDICE

Plaintiffs,
Assigned to:
Courtroom:

14 v.
15 ROMERO GENERAL CONSTRUCTION
CORP., a California corporation; THE GRAY
16 INSURANCE COMPANY, a Louisiana
corporation; and JEFFREY ROHRING, an
17 individual,
18

Case No. 2:14-cv-01469-TLN-KJN

Hon. Troy L. Nunley
2

Complaint Filed: June 19, 2014
Trial Date:
None Set

Defendants.

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STIPULATED REQUEST TO DISMISS PLAINTIFF’S CLAIMS AGAINST
DEFENDANT GRAY INSURANCE COMPANY WITHOUT PREJUDICE

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STIPULATION
Use-Plaintiff Cemex Construction Materials Pacific, LLC (“Use-Plaintiff”) and Defendant

3 Gray Insurance Company (“Gray” and collectively with Use-Plaintiff, the “Parties”), by and
4 through their respective counsel of record, hereby stipulate and agree as follows:
5

WHEREAS, Use-Plaintiff filed the above-entitled action against Defendants Romero

6 General Construction Corp., Gray Insurance Company (“Gray”), and Jeffrey Rohring on June 19,
7 2014 and filed its First Amended Complaint against these Defendants on June 20, 2014;

A PROFESSIONAL CORPO RATION
ATTORNEYS AT LAW
12800 CENTER COURT DRIVE SOUTH, SUITE 300
CERRITOS, CAL IFORNIA 90703-9364
TELEPHONE: [phone]
FACSIMILE: (562) 653- 3333

ATKINSON, ANDELSON, LOYA, RUUD & ROMO

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WHEREAS, based upon the information then available to it, Use-Plaintiff alleged in its

9 First Amended Complaint that Defendant Gray was liable on a Payment Bond given by Defendant
10 Gray Insurance Company for the protection of all persons supplying labor and materials in the
11 prosecution of a public work of improvement known as Travis Air Base-Parker Road Paving
12 located in Fairfield, California and designated as Contract No. FA4427-11-D-0101 (the “Project”);
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WHEREAS, Defendant Gray has come forward with evidence satisfactory to Use-Plaintiff

14 indicating that Defendant Gray is not liable on the Payment Bond attached to the First Amended
15 Complaint as Exhibit 2;
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WHEREAS, Use-Plaintiff and Defendant Gray have met and conferred regarding the

17 content and effect of the aforesaid evidence, and regarding the potential existence of other
18 payment bonds with bearing on this action, and agree that dismissal of Defendant Gray from this
19 action, without prejudice, is proper and in the interest of justice at this time;
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AND WHEREAS, the Parties make this request not for purposes of delay, nor to hinder the

21 progress of the above-entitled action, but instead to conserve the resources of the Court and the
22 Parties and to promote efficient resolution of the litigation.
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NOW, THEREFORE, the Parties hereby stipulate and agree that good cause supports this

24 Stipulated Request for Dismissal, and jointly move this honorable Court to order:
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1.

That Use-Plaintiff’s claims against Defendant Gray are dismissed without

26 prejudice, pursuant to Federal Rule of Civil Procedure 41(a)(2), leaving intact Use-Plaintiff’s
27 claims against Defendants Romero General Construction Corp. and Jeffrey Rohring; and
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STIPULATED REQUEST TO DISMISS PLAINTIFF’S CLAIMS AGAINST
DEFENDANT GRAY INSURANCE COMPANY WITHOUT PREJUDICE

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2.

That Use-Plaintiff and Defendant Gray shall each bear their own fees and costs of

2 suit as to Use-Plaintiff’s claims against Defendant Gray herein. Nothing in this Stipulation shall
3 be deemed a release or waiver of any rights, claims or damages that the Use-Plaintiff or Gray had,
4 has or may have against the remaining defendants in this action, or against any non-party,
5 including but not limited to the recovery of any attorney’s fees and costs as permitted by statute or
6 contract.
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SO STIPULATED.

A PROFESSIONAL CORPO RATION
ATTORNEYS AT LAW
12800 CENTER COURT DRIVE SOUTH, SUITE 300
CERRITOS, CAL IFORNIA 90703-9364
TELEPHONE: [phone]
FACSIMILE: (562) 653- 3333

ATKINSON, ANDELSON, LOYA, RUUD & ROMO

8 Dated: August 18, 2014

ATKINSON, ANDELSON, LOYA, RUUD & ROMO

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By: /s/ Dan J. Bulfer
Scott K. Dauscher, Esq.
Dan J. Bulfer, Esq.
Attorneys for Use-Plaintiff CEMEX CONSTRUCTION
MATERIALS PACIFIC, LLC

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13 Dated: August 18, 2014

WOLKIN CURRAN LLP

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By: /s/ Shauna Szczechowicz (as authorized on August 18, 2014)
Shashauna Szczechowicz, Esq.
Attorneys for Defendant Gray Insurance Company

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IT IS SO ORDERED.

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20 Dated: August 21, 2014
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Troy L. Nunley
United States District Judge

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STIPULATED REQUEST TO DISMISS PLAINTIFF’S CLAIMS AGAINST
DEFENDANT GRAY INSURANCE COMPANY WITHOUT PREJUDICE

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