PIC Group Inc. v Buena Vista Biomass Power LLC
Filing
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STIPULATION and ORDER signed by District Judge Morrison C. England, Jr on 6/22/2017 GRANTING Judgment in favor of PIC in the amount of $368,459.47. CASE CLOSED. (Donati, J)
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ROGERS JOSEPH O’DONNELL
Merri A. Baldwin (State Bar No. 141957)
mbaldwin@rjo.com
Aaron M. Scolari (State Bar No. 237397)
ascolari@rjo.com
311 California Street
San Francisco, California 94104
Telephone: 415.956.2828
Facsimile: 415.956.6457
Attorneys for Plaintiff
PIC GROUP INC.
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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PIC GROUP INC., a Georgia corporation,
Plaintiff,
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Case No. 2:16-cv-02547-MCE-GGH
JOINT STIPULATION FOR
JUDGMENT AND ORDER
vs.
BUENA VISTA BIOMASS POWER, LLC,
a California limited liability company,
Defendant.
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It is hereby STIPULATED BY AND BETWEEN Plaintiff PIC Group (“PIC”)
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and Defendant Buena Vista Biomass Power, LLC (“BVBP”), by and through their respective
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attorneys of records, that:
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1. On October 26, 2016, PIC filed its Complaint against BVBP asserting
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claims for (1) breach of written agreements; (2) breach of the covenant of good faith and fair
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dealing; (3) open book account; (4) common count: account stated; (5) express contractual
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indemnity; and (6) equitable indemnity, arising out of services PIC provided to BVBP in
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connection with a power plant owned and operated by BVBP at 4655 Coal Mine Road, Ione,
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California 95640 (the “Action”). On January 6, 2017, BVBP answered PIC’s Complaint,
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denying PIC’s claims and requests for relief.
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2. After engaging in settlement discussions, PIC and BVBP have agreed to
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CASE NO: 2:16-cv-02547-MCE-GGH
Joint Stipulation for Judgment and Order
387252.2
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settle this Action, pursuant to the following terms of this Joint Stipulation for Judgment and
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Order:
a. Judgment shall be entered for PIC in the amount of $368,459.47
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(“Judgment Amount”).
b. Upon entry of judgment pursuant to this Joint Stipulation for Judgment
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and Order, PIC may record a judgment lien in Amador County on the power plant owned and
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operated by BVBP located at 4655 Coal Mine Road, Ione, California 95640. Except for
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recording the judgment lien, PIC agrees to refrain from any further collection efforts on the
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judgment pursuant to this Joint Stipulation for Judgment and Order until December 31, 2017.
3. In the event that BVBP fails to pay the full Judgment Amount on or
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before December 31, 2017, PIC may commence any actions necessary to collect the
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Judgment Amount. PIC shall be entitled to an award of the attorney’s fees incurred in its
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collections efforts, plus post-judgment interest from the date of entry of this Judgment and
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Order.
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SO STIPULATED.
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Dated: May ___, 2017
ROGERS JOSEPH O’DONNELL
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By: ________________________
MERRI A. BALDWIN
AARON M. SCOLARI
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Attorneys for Plaintiff
PIC GROUP INC.
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Dated: May ___, 2017
STOEL RIVES LLP
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By: ________________________
SETH D. HILTON
BRYAN L. HAWKINS
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Attorneys for Defendant
BUENA VISTA BIOMASS POWER, LLC
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CASE NO: 2:16-cv-02547-MCE-GGH
Joint Stipulation for Judgment and Order
387252.2
JUDGMENT AND ORDER
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Pursuant to the Parties Joint Stipulation for Judgment and Order IT IS SO ORDERED
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AND ADJUDGED, and judgment pursuant to the terms of the Joint Stipulation is hereby
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entered as follows:
1. Judgment is granted in favor of PIC in the amount of $368,459.47 (“Judgment
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Amount”).
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2. Upon entry of judgment pursuant to this Joint Stipulation for Judgment and
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Order, PIC may record a judgment lien in Amador County on the power plant owned and
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operated by BVBP located at 4655 Coal Mine Road, Ione, California 95640. Except for
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recording the judgment lien, PIC agrees to refrain from any further collection efforts on the
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judgment pursuant to this Joint Stipulation for Judgment and Order until December 31, 2017.
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3. In the event that BVBP fails to pay the full Judgment Amount on or before
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December 31, 2017, PIC may commence any actions necessary to collect the Judgment
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Amount. PIC shall be entitled to an award of the attorney’s fees incurred in its collections
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efforts, plus post-judgment interest from the date of entry of this Judgment and Order.
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IT IS SO ORDERED.
Dated: June 22, 2017
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CASE NO: 2:16-cv-02547-MCE-GGH
Joint Stipulation for Judgment and Order
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