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

Filing 83

ORDER signed by District Judge Troy L. Nunley on 6/4/2021 DISMISSED 79 with prejudice, Danny's Construction Company, LLC, third-party complaint against Samson Rope Technologies, Inc. and WesSpur Tree & Equipment, Inc., with each party to bear own costs, fees, and expenses.(Reader, L)

1 BREMER WHYTE BROWN & O’MEARA LLP
Raymond Meyer Jr., State Bar No. 176235
2 [e-mail]
Stephen C. Dreher, State Bar No. 129482
3 [e-mail]
300 Frank H. Ogawa Plaza, Suite 355
4 Oakland, California 94612
Telephone: [phone]
5 Facsimile: [phone]
6 Attorneys for Third-Party Plaintiff and
Third-Party Defendant,
7 DANNY’S CONSTRUCTION COMPANY, LLC
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KIEWIT INFRASTRUCTURE WEST CO.,
12 for itself and its subrogated Insurers,
Plaintiff,

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v.

15 SAMSON ROPE TECHNOLOGIES, INC.;
WESSPUR TREE & EQUIPMENT, INC.; and
16 DOES 1 to 50,
Defendants.

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REQUEST FOR ORDER DISMISSING
THIRD-PARTY COMPLAINT OF
DANNY’S CONSTRUCTION
COMPANY, LLC’S AGAINST SAMSON
ROPE TECHNOLOGIES, INC. AND
WESSPUR TREE & EQUIPMENT, INC
PURSUANT TO SETTLEMENT
[Proposed] ORDER

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19 AND RELATED THIRD-PARTY ACTIONS.

[Fed. R. Civ. P. 41(a)(2)]
Complaint Filed: November 14, 2019

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Case No. 2:20-cv-00527-TLN-AC
Judge: Hon. Troy L. Nunley
Dept: 2

Third-Party Defendant and Third-Party Plaintiff Danny’s Construction Company, LLC

22 (“Danny’s”) respectfully requests, pursuant to Rule 41(a)(2) of the Federal Rules of Civil
23 Procedure, that the Court enter an order dismissing Danny’s Third-Party complaint against Third24 Party Defendants Samson Rope Technologies, Inc. (“Samson”) and WesSpur Tree & Equipment,
25 Inc. (“WesSpur”) , with prejudice and with each party to bear own costs, fees, and expenses.
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All parties to this action have entered into a global settlement of this matter, and Danny’s

27 now wishes to dismiss its third-party complaint against Samson and WesSpur in accordance
28 therewith.
REQ. FOR ORDER DISMISSING THIRD-PARTY COMPLAINT OF DANNY’S CONSTRUCTION COMPANY, LLC’S AGAINST
SAMSON ROPE TECHNOLOGIES, INC. AND WESSPUR TREE & EQUIPMENT, INC PURSUANT TO SETTLEMENT; ORDER

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Danny’s respectfully requests that the Court enter an order accordingly without hearing and

2 in the form of the order below as provided for by Local Rule 143.
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4 Dated: June 4, 2021

BREMER WHYTE BROWN & O’MEARA LLP

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By:

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/s/ Stephen C. Dreher
___________
Raymond Meyer Jr.
Stephen C. Dreher
Attorneys for Third-Party Plaintiff and
Third-Party Defendant,
DANNY’S CONSTRUCTION
COMPANY, LLC

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ORDER

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Pursuant to the foregoing request, IT IS SO ORDERED. Danny’s Construction Company,

15 LLC’s third-party complaint against Samson Rope Technologies, Inc. and WesSpur Tree & Equipment,
16 Inc. is hereby dismissed with prejudice, with each party to bear own costs, fees, and expenses.
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18 DATED: June 4, 2021
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Troy L. Nunley
United States District Judge

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