Pinnacle Grinding and Grooving, LLC v Digit Construction, Inc. et al

Filing 28

STIPULATION AND ORDER signed by Senior Judge Morrison C. England, Jr. on 11/8/2022 DISMISSING this action with prejudice pursuant to FRCP 41(a)(1)(A)(ii) and 41(C)(2). CASE CLOSED. (Mena-Sanchez, L)

1 DOWNEY BRAND LLP
MATTHEW J. WEBER (Bar No. 227314)
2 [e-mail]
3425 Brookside Road, Suite A
3 Stockton, California 95219
Telephone: [phone]
4 Facsimile: 209.473.6455
5 Attorneys for Plaintiff
PINNACLE GRINDING &
6 GROOVING, LLC
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION

DOWNEY BRAND LLP

10
11 UNITED STATES OF AMERICA, for
the use and benefit of PINNACLE
12 GRINDING AND GROOVING, LLC,
a Nevada Limited Liability Company,
13
Plaintiff
14
v.
15
DIG-IT CONSTRUCTION, INC., a
16 California Corporation; TRAVELERS
CASUALTY AND SURETY
17 COMPANY OF AMERICA, and DOES
1-10, inclusive
18
Defendant.
19

Case No. 2:17-cv-00898-MCE-CMK
JOINT STIPULATION AND
ORDER OF DISMISSAL
PURSUANT TO SETTLLEMENT

20 AND RELATED COUNTERCLAIMS.
21
Plaintiff PINNACLE GRINDING AND GROOVING, LLC (“Plaintiff” or

22

23 “Pinnacle”), Defendants DIG IT CONSTRUCTION, INC. (“Dig It”), and
24 TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
25 (“Defendant” or “Travelers”), by and through their respective counsel of record,
26 submit the following Stipulation for Dismissal Pursuant to Settlement Agreement.
27 ///
28 ///
1834559v1

1
JOINT STIPULATION FOR DISMISSAL

RECITALS

1
2

1.

This action commenced on April 26, 2017, with the filing of Plaintiff’s

3 Complaint (Docket No.1).
4

2.

Dig It filed a Counterclaim on August 14, 2017 (Docket No. 8.)

5

3.

The Parties subsequently entered into the settlement agreement and

6 have performed the obligations per the terms of the settlement agreement.
7

4.

As the Parties obligations under the settlement agreement resolved all

8 outstanding issues between the Parties, the Parties now desire to dismiss this Action,
9 including the Complaint and Counterclaim.

DOWNEY BRAND LLP

10
11

STIPULATION

12

Based on the foregoing recitals, the Parties, by and through their counsel,

13 hereby STIPULATE that:
14

1.

This action, including the counterclaim, shall be dismissed with

15 prejudice pursuant to Rule 41(a)(1)(A)(ii) and 41(C)(2) of the Federal Rules of Civil
16 Procedure.
17
18 DATED: November 8, 2022

DOWNEY BRAND LLP

19
20

By:

/s/ Matthew J. Weber
MATTHEW J. WEBER
[e-mail]
DOWNEY BRAND LLP
3425 Brookside Road, Suite A
Stockton, CA 95219
Telephone: [phone]
Attorney for Plaintiff
PINNACLE GRINDING
AND GROOVING, LLC

21
22
23
24
25
26
27
28 ///
1834559v1

2
JOINT STIPULATION FOR DISMISSAL

1 DATED: November 8, 2022
2

O’CONNOR THOMPSON McDONOUGH
KLOTSCHE LLP

3
4

By:

/s/ Sean-Thomas P. Thompson
SEAN-THOMAS P. THOMPSON
[e-mail]
O’CONNOR THOMPSON
McDONOUGH KLOTSCHE LLP
2500 Venture Oaks Way, Suite 320
Sacramento, CA 95833
Telephone: [phone]
Attorney for Defendants and
Counterclaimant
DIG IT CONSTRUCTION, INC., and
TRAVELERS CASUALTY AND
SURETY COMPANY OF AMERICA

5
6
7
8
9
10

DOWNEY BRAND LLP

11
12
13
14

ORDER

15

Pursuant to the stipulation of the parties, this action is DISMISSED with

16 prejudice in its entirety. The Clerk of the Court is directed to close this case.
17

IT IS SO ORDERED.

18 Dated: November 8, 2022
19
20
21
22
23
24
25
26
27
28
1834559v1

3
JOINT STIPULATION FOR DISMISSAL