Crocker Electric Incorporated v. LTF Construction Company, LLC et al

Filing 9

STIPULATION OF DISMISSAL WITHOUT PREJUDICE AND ORDER signed by District Judge Troy L. Nunley on 5/7/18 ORDERING that Pursuant to Rule 41(a)(1)(A)(ii) Federal Rule of Civil Procedure, the Parties jointly stipulate to the voluntary dismissal of this a ction without prejudice; The Parties shall participate in non-binding mediation to occur within the State of California on or before 8/31/18 involving a third-party neutral who is mutually acceptable to them, with Plaintiff paying half the cost of the mediation and Defendants paying the other half. Unless otherwise agreed, such mediation shall be governed by the Construction Industry Arbitration Rules and Mediation Procedures of the American Arbitration Association. (Becknal, R)

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Christopher F. Wohl, SBN: 170280
[e-mail]
Samuel J. Maselli, SBN: 219503
[e-mail]
PALMER KAZANJIAN WOHL HODSON LLP
2277 Fair Oaks Boulevard, Suite 455
Sacramento, California 95825
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Plaintiff
CROCKER ELECTRIC INCORPORATED

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CROCKER ELECTRIC
INCORPORATED, a California
corporation,

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Plaintiff,
v.
LTF CONSTRUCTON COMPANY,
LLC, a Delaware limited liability
company, LTF REAL ESTATE
COMPANY, INC., a Minnesota
corporation, and DOES 1-25, inclusive,
Defendants.

Case No. 2:18-CV-00874-TLN-AC
JOINT STIPULATION OF DISMISSAL
WITHOUT PREJUDICE AND ORDER
District Court Judge:
Courtroom:
Magistrate Judge:
Courtroom:

Hon. Troy L. Nunley
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Hon. Allison Claire
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Action Removed:
Trial Date:

April 10, 2018
TBD

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Plaintiff Crocker Electric Incorporated (hereinafter, the “Plaintiff”) and Defendants LTF

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Construction Company, LLC and LTF Real Estate Company, Inc. (collectively, the “Defendants”)

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(Plaintiffs and Defendants are collectively referred to herein as the “Parties”) hereby agree and

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stipulate as to the dismissal of the above-referenced action without prejudice, as follows:

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RECITALS

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WHEREAS, on March 9, 2018, Plaintiff filed a Complaint in the Superior Court of the State

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of California, for the County of Sacramento, entitled Crocker Electric Incorporated v. LTF

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Construction Company, LLC, et al., Case No. 34-2018-00228763, asserting five (5) causes of action

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against Defendants for (1) Breach of Written Contract; (2) Breach of the Implied Covenant of Good

PALMER KAZANJIAN
WOHL HODSON LLP
2277 Fair Oaks Blvd., Suite 455
Sacramento, CA 95825
916.442.3552

JOINT STIPULATION OF DISMISSAL WITHOUT PREJUDICE
AND ORDER

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Faith and Fair Dealing; (3) Unjust Enrichment/Quantum Meruit; (4) Unfair Competition in Violation

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of Cal. Bus. & Prof. Code § 17200, et seq.; and (5) Declaratory Relief (Cal. Code Civ. Proc. § 1060)

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(hereinafter, the “State Court Action”);

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WHEREAS, on March 19, 2018, Plaintiff personally served Defendants with Summons,

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Complaint, Notice of Case Management Conference, Order to Appear, and Alternative Dispute

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Resolution Information Package in connection with the State Court Action.

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WHEREAS, on April 10, 2018, Defendants removed the State Court Action to the United

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States District Court for the Eastern District of California predicated on diversity jurisdiction of the

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parties pursuant to 28 U.S.C. §§ 1332, 1441(a) and (b);

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WHEREAS, on April 17, 2018, Defendants filed a Motion to Compel Arbitration and
Dismiss Complaint, Or, In the Alternative, Stay the Action;

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WHEREAS, the Parties, by and through their respective counsel of record herein, have

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agreed to participate in alternative dispute resolution proceedings in order to minimize the costs of

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litigation and to attempt resolution of this dispute.
STIPULATION

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THEREFORE, BE IT RESOLVED, in consideration of the foregoing, the Parties agree and
stipulate as follows:
1.

Pursuant to Rule 41(a)(1)(A)(ii) Federal Rule of Civil Procedure, the Parties jointly

stipulate to the voluntary dismissal of this action without prejudice;
2.

The Parties shall participate in non-binding mediation to occur within the State of

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California on or before August 31, 2018 involving a third-party neutral who is mutually acceptable

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to them, with Plaintiff paying half the cost of the mediation and Defendants paying the other half.

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Unless otherwise agreed, such mediation shall be governed by the Construction Industry Arbitration

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Rules and Mediation Procedures of the American Arbitration Association.

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3.

Insofar as the Parties are unable to resolve Plaintiff’s claims during the mediation

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discussed above, Plaintiff’s claims shall be resolved by arbitration with venue for such arbitration to

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be in Hennepin or Carver County, Minnesota. The parties will attempt to agree on the precise

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location for such arbitration and, if they cannot agree, the Parties agree that the arbitrator(s) may

PALMER KAZANJIAN
WOHL HODSON LLP
2277 Fair Oaks Blvd., Suite 455
Sacramento, CA 95825
916.442.3552

JOINT STIPULATION OF DISMISSAL WITHOUT PREJUDICE
AND ORDER

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select the precise location so long as it is in Hennepin or Carver County, Minnesota. All other terms

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and conditions for such arbitration shall be in accordance and consistent with the Parties’ April 4,

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2016 Subcontract, Exhibit B (General Conditions), Paragraph 11.

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IT IS SO STIPULATED AND AGREED.

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Dated: May 7, 2018

PALMER KAZANJIAN WOHL HODSON LLP
/s/ Samuel J. Maselli
By: _____________________________________
Christopher F. Wohl
Samuel J. Maselli
Attorneys for Plaintiff
Crocker Electric Incorporated

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Dated: May 1, 2018

DORSEY & WHITNEY LLP
/s/ Bryan M. McGarry
By: _____________________________________
Bryan M. McGarry
Attorneys for Defendants
LTF Construction Company, LLC and
LTF Real Estate Company, Inc.

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IT IS SO ORDERED.

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Dated: May 7, 2018

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Troy L. Nunley
United States District Judge

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PALMER KAZANJIAN
WOHL HODSON LLP
2277 Fair Oaks Blvd., Suite 455
Sacramento, CA 95825
916.442.3552

JOINT STIPULATION OF DISMISSAL WITHOUT PREJUDICE
AND ORDER

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