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)

Download PDF
    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 5     Attorneys for Defendant/Third-Party Plaintiff/Third-Party Defendant, WESSPUR 6 TREE EQUIPMENT, INC. 7 8 9 10     UNITED STATES DISTRICT COURT   EASTERN DISTRICT OF CALIFORNIA     11 KIEWIT INFRASTRUCTURE WEST   CO., INC., for itself and its subrogated 12   insurers, 13   14   17   18   20     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. 26     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. 1 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. 4   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. 6     7 Dated: June 7, 2021 8 9 10 11 12 TYSON & MENDES, LLP     By:       Patrick J. Mendes, Esq. David P. Ramirez, Esq. Richard D. Seely, Esq. Attorneys for Defendant,   WESSPUR TREE EQUIPMENT, INC.   13   14   15   16   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. 20     21 DATED: June 7, 2021 22 23 24 25 26 27 28   Troy L. Nunley United States District Judge               2 REQUEST FOR ORDER DISMISSING THIRD-PARTY COMPLAINT OF WESSPUR TREE EQUIPMENT, INC. AGAINST DANNY’S CONSTRUCTION COMPANY, LLC PURSUANT TO SETTLEMENT

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?