Pinnacle Grinding and Grooving, LLC v Digit Construction, Inc. et al
Filing
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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 mweber@downeybrand.com
3425 Brookside Road, Suite A
3 Stockton, California 95219
Telephone: 209.473.6450
4 Facsimile: 209.473.6455
5 Attorneys for Plaintiff
PINNACLE GRINDING &
6 GROOVING, LLC
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8
UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION
DOWNEY BRAND LLP
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11 UNITED STATES OF AMERICA, for
the use and benefit of PINNACLE
12 GRINDING AND GROOVING, LLC,
a Nevada Limited Liability Company,
13
Plaintiff
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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
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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.
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1834559v1
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JOINT STIPULATION FOR DISMISSAL
RECITALS
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2
1.
This action commenced on April 26, 2017, with the filing of Plaintiff’s
3 Complaint (Docket No.1).
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2.
Dig It filed a Counterclaim on August 14, 2017 (Docket No. 8.)
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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
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STIPULATION
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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
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By:
/s/ Matthew J. Weber
MATTHEW J. WEBER
mweber@downeybrand.com
DOWNEY BRAND LLP
3425 Brookside Road, Suite A
Stockton, CA 95219
Telephone: (209) 473-6450
Attorney for Plaintiff
PINNACLE GRINDING
AND GROOVING, LLC
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1834559v1
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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
sean@otmklaw.com
O’CONNOR THOMPSON
McDONOUGH KLOTSCHE LLP
2500 Venture Oaks Way, Suite 320
Sacramento, CA 95833
Telephone: (916) 993-4540
Attorney for Defendants and
Counterclaimant
DIG IT CONSTRUCTION, INC., and
TRAVELERS CASUALTY AND
SURETY COMPANY OF AMERICA
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DOWNEY BRAND LLP
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ORDER
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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
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1834559v1
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JOINT STIPULATION FOR DISMISSAL
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