Dorken v. Demilec, Inc., et al.

Filing 42

ORDER signed by District Judge Troy L. Nunley on 8/24/2016 GRANTING 29 Motion for Good Faith Settlement Determination. (Jackson, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION
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H. BRAD DORKEN,

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ORDER GRANTING DEFENDANT
CASCADE FOAM INSULATION LLC
dba CASCADE FOAM INSULATION’S
MOTION FOR GOOD FAITH
SETTLEMENT DETERMINATION

Plaintiff,

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CASE NO.: 2:15-CV-01628-TLN-CMK

vs.
DEMILEC, INC.;
CASCADE FOAM INSULATION;
PAUL LENNON dba PBL DESIGNS;
and DOES 1 through 20, inclusive,
Defendants.

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AND RELATED CROSS-ACTIONS
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This matter is before the Court, pursuant to Defendant Cascade Foam Insulation LLC

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doing business as Cascade Foam Insulation’s (“Cascade”) Motion for Good Faith Settlement

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Determination. (ECF No. 29.)

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Defendant and Cross-Defendant, Demilec, Inc. (“Demilec”) has filed a Statement of

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Non-Opposition to the motion. (ECF No. 38.) Demilec states that in doing so it relied on

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written representations by Daron Snopl, within his personal knowledge as the sole principal

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owner of Cascade, including but not limited to the fact that there are no other available sums

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from applicable insurance to contribute in addition to the proposed $80,000 settlement with

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Plaintiff H. Brad Dorken (“Plaintiff”). The written representations are contained in a letter

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ORDER GRANTING DEFENDANT CASCADE FOAM INSULATION LLC DOING BUSINESS AS
CASCADE FOAM INSULATION’S MOTION FOR GOOD FAITH SETTLEMENT DETERMINATION

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dated June 2, 2016, and attached as Exhibit A to the Statement of Non-Opposition. (See ECF

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No. 38.)

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Demilec’s non-opposition is also conditioned upon Cascade’s agreement to dismiss

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with prejudice Cascade’s cross-complaint against Demilec if the motion is granted and upon

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Plaintiff’s stipulation that the entire $80,000 settlement received on behalf of Cascade

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constitutes compensation for economic damage for which Demilec will receive 100% as a

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credit against any award or judgment against Demilec for economic loss.

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After consideration of the briefs and the Statement of Non-Opposition, IT IS
HEREBY ORDERED that Cascade’s Motion for Good Faith Settlement Determination is
GRANTED pursuant to the above conditions.

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Dated: August 24, 2016

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Troy L. Nunley
United States District Judge

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ORDER GRANTING DEFENDANT CASCADE FOAM INSULATION LLC DOING BUSINESS AS
CASCADE FOAM INSULATION’S MOTION FOR GOOD FAITH SETTLEMENT DETERMINATION