Kiewit Infrastructure West Co. Inc. v. Samson Rope Technologies, Inc., et al
Filing
84
ORDER signed by District Judge Troy L. Nunley on 6/7/2021 DISMISSED 81 with prejudice, Samson Rope Technologies, Inc.'s, Third-Party Complaint against Danny's Construction Co., LLC, with each party to bear their own costs, fees and expenses.(Reader, L)
1 Patrick J. Mendes, Esq. (Bar No. 181274)
David P. Ramirez, Esq. (Bar No. 137994)
2 Richard D. Seely, Esq. (Bar No. 170528)
TYSON & MENDES, LLP
3 5661 La Jolla Boulevard
La Jolla, California 92037
4 Tel.: (858) 459-4400
Fax: (858) 459-3864
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Attorneys for Defendant/Third-Party Plaintiff/Third-Party Defendant, WESSPUR
6 TREE EQUIPMENT, INC.
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
11 KIEWIT INFRASTRUCTURE WEST
CO., INC., for itself and its subrogated
12 insurers,
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REQUEST FOR ORDER
DISMISSING THIRD-PARTY
COMPLAINT OF WESSPUR TREE
EQUIPMENT, INC. AGAINST
DANNY’S CONSTRUCTION
COMPANY, LLC PURSUANT TO
SETTLEMENT; ORDER
19
Case No. 2:20-cv-00527-TLN-AC
v.
Plaintiff,
SAMSON ROPE TECHNOLOGIES,
15 INC.; WESSPUR TREE &
EQUIPMENT, INC.; and DOES I
16 through 50.
Defendants.
Complaint Filed: November 14, 2019
AND RELATED CROSS-ACTIONS.
Defendant/Third-Party Plaintiff/Third-Party Defendant, WESSPUR TREE
21 EQUIPMENT, INC. (“WesSpur”) respectfully requests, pursuant to Rule 41(a)(2) of
22 the Federal Rules of Civil Procedure, that the Court enter an order dismissing
23 WesSpur’s third-party complaint against Third-Party Defendant Danny’s Construction
24 Company, LLC (“Danny’s”), with prejudice and with each party to bear own costs,
25 fees, and expenses.
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Additionally, WesSpur respectfully requests a similar dismissal of WesSpur’s
27 Cross-Complaint against Samson Rope Technologies (“Samson”), Docket #14,
28 originally filed in the Central District matter, Case No.: 8:19-cv-02501-DOC-ADS.
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REQUEST FOR ORDER DISMISSING THIRD-PARTY COMPLAINT OF WESSPUR TREE EQUIPMENT, INC.
AGAINST DANNY’S CONSTRUCTION COMPANY, LLC PURSUANT TO SETTLEMENT
1
All parties to this action have entered into a global settlement of this matter,
2 and WesSpur now wishes to dismiss its third-party complaint against Danny’s and the
3 Cross-Complaint against Samson in accordance therewith.
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WesSpur respectfully requests that the Court enter an order accordingly without
5 hearing and in the form of the order below as provided for by Local Rule 143.
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7 Dated: June 7, 2021
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TYSON & MENDES, LLP
By:
Patrick J. Mendes, Esq.
David P. Ramirez, Esq.
Richard D. Seely, Esq.
Attorneys for Defendant,
WESSPUR TREE EQUIPMENT, INC.
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ORDER
Pursuant to the foregoing request, IT IS SO ORDERED. Samson Rope
17 Technologies, Inc.’s third-party complaint against Danny’s Construction Company,
18 LLC is hereby dismissed with prejudice, with each party to bear own costs, fees, and
19 expenses.
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21 DATED: June 7, 2021
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Troy L. Nunley
United States District Judge
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REQUEST FOR ORDER DISMISSING THIRD-PARTY COMPLAINT OF WESSPUR TREE EQUIPMENT, INC.
AGAINST DANNY’S CONSTRUCTION COMPANY, LLC PURSUANT TO SETTLEMENT
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