Kiewit Infrastructure West Co. Inc. v. Samson Rope Technologies, Inc., et al

Filing 80

ORDER signed by District Judge Troy L. Nunley on 6/3/21GRANTING 77 Request to dismiss third-party complaint. Samson Rope Technologies, Inc.'s third-party complaint against Danny's Construction Company, LLC is hereby dismissed with prejudice, with each party to bear own costs, fees, and expenses. (Kaminski, H)

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John R. Brydon (Bar No. 83365)
Brian H. Buddell (Bar No. 166103)
James V. Weixel (Bar No. 166024)
DEMLER, ARMSTRONG & ROWLAND, LLP
101 Montgomery Street, Suite 1800
San Francisco, CA 94104
Telephone:
[phone]
Facsimile:
[phone]
Email:
[e-mail]
[e-mail]
[e-mail]
Attorneys for Defendant and Third-Party Plaintiff
SAMSON ROPE TECHNOLOGIES, INC.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KIEWIT INFRASTRUCTURE WEST CO.,
etc.,
Plaintiff,

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vs.
SAMSON ROPE TECHNOLOGIES, INC., et
al.,
Defendants.

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REQUEST FOR ORDER DISMISSING
THIRD-PARTY COMPLAINT OF
SAMSON ROPE TECHNOLOGIES, INC.
AGAINST DANNY’S CONSTRUCTION
COMPANY, LLC PURSUANT TO
SETTLEMENT
ORDER
[Fed. R. Civ. P. 41(a)(2)]
Complaint Filed: November 14, 2019

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Case No.: 2:20-cv-00527-TLN-AC

AND RELATED THIRD-PARTY
ACTIONS.

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Defendant and Third-Party Plaintiff Samson Rope Technologies, Inc. (“Samson”)

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respectfully requests, pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure, that the

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Court enter an order dismissing Samson’s third-party complaint against Third-Party Defendant

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Danny’s Construction Company, LLC (“Danny’s”), with prejudice and with each party to bear

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own costs, fees, and expenses.

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All parties to this action have entered into a global settlement of this matter, and Samson
____________________________________________________________________________________________
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REQ FOR ORDER DISMISSING THIRD-PARTY COMPLAINT OF SAMSON ROPE TECHNOLOGIES, INC.
AGAINST DANNY’S CONSTRUCTION COMPANY, LLC PURSUANT TO SETTLEMENT; ORDER

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now wishes to dismiss its third-party complaint against Danny’s.in accordance therewith.
Samson respectfully requests that the Court enter an order accordingly without hearing
and in the form of the order below as provided for by Local Rule 143.

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DATED: June 3, 2021

DEMLER, ARMSTRONG & ROWLAND, LLP
/s/ Brian H. Buddell
John R. Brydon
Brian H. Buddell
James V. Weixel
Attorneys for Defendant and Third-Party Plaintiff
SAMSON ROPE TECHNOLOGIES, INC.

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ORDER
Pursuant to the foregoing request, IT IS SO ORDERED. Samson Rope Technologies,
Inc.’s third-party complaint against Danny’s Construction Company, LLC is hereby dismissed
with prejudice, with each party to bear own costs, fees, and expenses.

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DATED: June 3, 2021
Troy L. Nunley
United States District Judge

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____________________________________________________________________________________________
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REQ FOR ORDER DISMISSING THIRD-PARTY COMPLAINT OF SAMSON ROPE TECHNOLOGIES, INC.
AGAINST DANNY’S CONSTRUCTION COMPANY, LLC PURSUANT TO SETTLEMENT; ORDER