Carpinelli et al v. Boliden AB et al

Filing 43

STIPULATION AND ORDER DISMISSING CASE with prejudice; Signed by Judge Marilyn Hall Patel on 4/29/2010. (awb, COURT STAFF) (Filed on 4/29/2010)

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Guido Saveri (22349) [e-mail] R. Alexander Saveri (173102) [e-mail] Cadio Zirpoli (179108) [e-mail] SAVERI & SAVERI, INC. 706 Sansome Street San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff Edward Carpinelli IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION EDWARD CARPINELLI, et al. Plaintiffs, v. BOLIDEN AB, et al. Defendants. ) Case No. 06-CV-4528-JSW MHP ) ) CLASS ACTION ) ) ) STIPULATION FOR DISMISSAL ) WITH PREJUDICE ) )

Plaintiffs Edward Carpinelli, Aram Ovsepian, G&M Appliances, and John Rinaldi and defendants named in this action -- specifically, Mueller Industries, Inc., Mueller Europe Ltd. (also known as Mueller Europe Limited), WTC Holding Company, Inc., Deno Holding Company, Inc., Deno Acquisition Eurl, Halcor S.A., Boliden Fabrication AB (now known as Outokumpu Copper Fabrication AB), Boliden Cuivre & Zinc S.A. (now known as Outokumpu Copper BCZ S.A.), IMI plc, IMI Kynoch Ltd., Yorkshire Copper Tube Ltd., KM Europa Metal AG, KME America Inc., Tréfimétaux SA, Europa Metalli SPA (now known as KME Italy SPA), Outokumpu Oyj, Outokumpu Copper Products Oy (now known as Luvata Espoo Oy), Outokumpu Copper (U.S.A.) Inc., Outokumpu Franklin, Inc., Outokumpu Heatcraft USA, LLC, Austria Buntmetall AG, Buntmetall Amstetten GMBH, Wieland Metals, Inc., and Wieland

STIPULATION FOR DISMISSAL WITH PREJUDICE - Case No. 06-CV-4528-JSW

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Werke AG (collectively, "Defendants") -- hereby submit this Stipulation for Dismissal with Prejudice. WHEREAS, the instant case was brought by the same individuals and entities that were plaintiffs in a consolidated case in San Francisco Superior Court (Carpinelli v. Boliden AB, et al. San Francisco Superior Court, Master File No. CGC-04-435527 (The "Carpinelli State Action")); WHEREAS, the parties in the Carpinelli State Action entered into a Settlement Agreement on October 2, 2009 (the "Settlement Agreement") that, among other things, identified a class of California indirect purchasers of Copper Tubing and provided for a settlement payment by defendants in the Carpinelli State Action, all of which are Defendants herein; WHEREAS, on February 5, 2010, the court overseeing the Carpinelli State Action granted final approval of the Settlement Agreement in the Carpinelli State Action and notice of entry of judgment thereof was filed on February 8, 2010; WHEREAS, the Settlement Agreement provides that plaintiffs and defendants in the Carpinelli State Action shall execute a stipulation of dismissal in the instant action within ten days of the judgment in the Carpinelli State Action becoming final; WHEREAS the Carpinelli State Action has become final, with no objection or appeal having been filed and with the 60-day time for appeal having passed; WHEREAS, Plaintiffs wish to dismiss from this case in its entirety each and every defendant named herein. WHEREAS, three related direct purchaser actions in the United States District Court for the Western District of Tennessee against certain of the Defendants in this action, captioned In Re Copper Tubing Litigation, Case No.2:04-cv-2771-BBD ("Copper Tubing"), In re ACR Copper Tubing, Case No. 2:06-cv-02207-BBD ("ACR Copper Tubing"), and Carrier Corporation v. Outokumpu Oyj, et al., Case No. 2:06-cv-2186-BBD ("Carrier," not a class action), were dismissed for lack of subject matter jurisdiction;

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STIPULATION FOR DISMISSAL WITH PREJUDICE - Case No. 06-CV-4528-JSW

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WHEREAS, the plaintiffs in Copper Tubing, ACR Copper Tubing, and Carrier appealed the district court's rulings to the United States Court of Appeals for the Sixth Circuit and the defendants entered various cross-appeals; WHEREAS, on March 13, 2008, pursuant to a stipulation by the parties therein to voluntarily dismiss the appeals and cross-appeals, the Sixth Circuit entered an order dismissing the Copper Tubing action; WHEREAS, on March 31, 2008, pursuant to a stipulation by the parties therein to voluntarily dismiss the appeals and cross-appeals, the Sixth Circuit entered an order dismissing the ACR Copper Tubing action; WHEREAS, the Carrier action is still pending in the Sixth Circuit; WHEREAS, a related indirect purchaser action against certain of the Defendants in this action filed in the United States District Court for the Western District of Tennessee, captioned Michael Brooks, et al. v. Outokumpu, et al., Case No. 2:06-cv-02355-BBD, was administratively closed on May 27, 2009; NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between the parties hereto that this action shall be dismissed in its entirety, with prejudice, each party to bear its own costs. IT IS HEREBY FURTHER STIPULATED AND AGREED that this Stipulation does not constitute an appearance by any Defendant and will not in any way be considered an acceptance of or consent to jurisdiction or waiver of service and that each Defendant reserves all of its rights to contest or object to personal jurisdiction in this matter and reserves all other rights and defenses, including those under Rule 12 of the Federal Rules of Civil Procedure.

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STIPULATION FOR DISMISSAL WITH PREJUDICE - Case No. 06-CV-4528-JSW

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Dated: April 19, 2010.

SAVERI & SAVERI, INC.

By:

___/s/ Cadio Zirpoli ___________ Cadio Zirpoli 706 Sansome Street San Francisco, CA 94111 Counsel for Plaintiffs Edward Carpinelli and Aram Ovsepian

Dated: April 19, 2010.

GROSS BELSKY ALONSO LLP

By:

_ /s/ Terry Gross ________________ Terry Gross 180 Montgomery Street Suite 2200 San Francisco California 94104 Counsel for Plaintiffs G&M Appliances and John Rinaldi

Dated: April 19, 2010.

QUINN EMANUEL URQUHART OLIVER & HEDGES, LLP

By:

_ /s/ Evette Pennypacker _______ Evette Pennypacker 50 California Street, 22nd Floor San Francisco, CA Counsel for Defendants Mueller Industries, Inc., Mueller Europe Ltd., WTC Holding Company, Inc., Deno Holding Company, Inc., and Deno Acquisition Eurl. All rights and defenses reserved.

Dated: April 19, 2010.

ARNOLD & PORTER LLP

By:

__/s/ Sharon D. Mayo____________ Sharon D. Mayo 275 Battery Street, Suite 2700 San Francisco, CA 94111 Counsel for Defendant Halcor S.A. All rights and defenses reserved. 4

STIPULATION FOR DISMISSAL WITH PREJUDICE - Case No. 06-CV-4528-JSW

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STIPULATION FOR DISMISSAL WITH PREJUDICE - Case No. 06-CV-4528-JSW

Dated: April 19, 2010.

COLLETTE ERICKSON FARMER & O'NEILL LLP By: __/s/ William S. Farmer __________ William S. Farmer 235 Pine Street, Suite 1300 San Francisco, CA 94104 Counsel for Defendants KME America, Inc., Yorkshire Copper Tube Ltd., Tréfimétaux SA, and Europa Metalli SPA. All rights and defenses reserved.

Dated: April 19, 2010. By:

DAVIS POLK & WARDWELL LLP _ /s/ Arthur J. Burke ___________ Arthur J. Burke 1600 El Camino Real Menlo Park, CA 94025 Counsel for Defendants Boliden AB, Boliden Fabrication AB and Boliden Cuivre & Zinc S.A. All rights and defenses reserved.

Dated: April 19, 2010.

LATHAM & WATKINS LLP

By:

___/s/ Joshua N. Holian Joshua N. Holian 505 Montgomery Street Suite 2000 San Francisco, CA 94111

_ _______

Counsel for Defendants IMI plc and IMI Kynoch Ltd. All rights and defenses reserved.

1 2 3 4 5 6 7 8 9 10 11 12 13 Dated: April 19, 2010. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: 4/29/2010 ORDER Good cause appearing therefore, IT IS HEREBY ORDERED that this case is dismissed in its entirety, with prejudice, each party to bear its own costs, in accordance with the above stipulation. ORRICK HERRINGTON & SUTCLIFFE LLP By: ___/s/ Howard A. Slavitt Howard A. Slavitt One Ferry Building Suite 200 San Francisco, CA 94111 ___________ Dated: April 19, 2010. COBLENTZ, PATCH, DUFF & BASS LLP

Counsel for Defendants Outokumpu Oyj, Outokumpu Copper Products Oy (now known as Luvata Espoo Oy), Outokumpu Copper (U.S.A.) Inc., Outokumpu Franklin, Inc., and Outokumpu Heatcraft USA, LLC. All rights and defenses reserved.

By: ___/s/ David M. Goldstein ___________
David M. Goldstein 405 Howard Street San Francisco, CA 94105 Counsel for Defendants Austria Buntmetall AG, Buntmetall Amstetten GMBH, Wieland Metals, Inc., and Wieland Werke AG. All rights and defenses reserved.

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l 6 H. Pate Marilyn Jud PREJUDICE - Case No. 06-CV-4528-JSW STIPULATION FOR DISMISSAL WITH ge

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____________________________ ERED JeffreySOWhite Marilyn Hall Patel, S. ORD IT IS United States District Judge

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ATTESTATION OF FILING Pursuant to N.D. Cal. General Order No. 45, section 45 X(B), I, Cadio Zirpoli, hereby attest that concurrence in the filing of this stipulation and proposed order has been obtained from Counsel for each of the named parties with conformed signatures listed above. Dated: April 19, 2010 SAVERI & SAVERI, INC. By: ____/s/ Cadio Zirpoli________

Ct.554

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STIPULATION FOR DISMISSAL WITH PREJUDICE - Case No. 06-CV-4528-JSW