Madison Services, Inc. v. Travelers Casualty and Surety Company of America et al

Filing 22

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 10/3/19 DISMISSING this action with prejudice. CASE CLOSED (Kastilahn, A)

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EHLERS LAW CORPORATION
WESLEY C.J. EHLERS (SBN 181537)
2600 Capitol Avenue, Suite 320
Sacramento, CA 95816-5930
Telephone: [phone]
Facsimile: [phone]
e-mail: [e-mail]

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Attorneys for Plaintiff

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VARELA LEE METZ & GUARINO
NICHOLAS A. MERRELL (SBN 240795)
333 Bush Street, Suite 1500
San Francisco, CA 94104
Telephone [phone]
Facsimile: [phone]
e-mail: [e-mail]

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Attorneys for Defendant

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES f/b/u/o MADISON
SERVICES, INC.

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Plaintiff,
v.
TRAVELERS CASUALTY AND
SURETY COMPANY OF AMERICA
AND ITSI GILBANE COMPANY
(N/K/A GILBANE FEDERAL); DOES 1 –
100, inclusive
Defendants.

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Case No.: 2:16-CV-02684 TLN AC
STIPULATION AND ORDER
DISMISSING LAWSUIT

Plaintiff United States f/b/u/o Madison Services, Inc. (hereafter “Madison”) and

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Defendants Travelers Casualty and Surety Company of America and ITSI Gilbane

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Company (n/k/a Gilbane Federal) (hereafter “Travelers” and “Gilbane,” respectively)

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hereby stipulate to dismiss this action with prejudice, in its entirety, as Gilbane has satisfied

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-1STIPULATION AND ORDER DISMISSING LAWSUIT

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the judgment entered against it in this matter, which was based on the arbitration award in

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AAA Case No. 01-16-0003-9412 (“Arbitration Proceeding”).

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Travelers, Gilbane and Madison agreed to be bound by the decision rendered in the

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Arbitration Proceeding with regard to amounts due, if any, to Madison from Gilbane in

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connection with the Project. Accordingly, because Gilbane has satisfied the judgment

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arising out of the Arbitration Proceeding, the remaining lawsuit against Travelers should be

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dismissed, all parties to bear their own costs and fees.

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Respectfully submitted,

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Dated: October 3, 2019

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EHLERS LAW CORPORATION
WESLEY C.J. EHLERS
/S/ WESLEY EHLERS
By ________________________________
Wesley C.J. Ehlers
Attorneys for Plaintiff

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Dated: October 3, 2019

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VARELA LEE METZ & GUARINO
NICHOLAS A. MERRELL

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/S/ NICHOLAS MERRELL
By ________________________________
Nicholas A. Merrell
Attorneys for Defendant

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ORDER

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WHEREFORE, PREMISES CONSIDERED, it is hereby ORDERED that this

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lawsuit is dismissed with prejudice in its entirety, all parties to bear their own costs and

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fees.

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THIS, the 3rd day of October, 2019.

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Troy L. Nunley
United States District Judge

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-2STIPULATION AND ORDER DISMISSING LAWSUIT