Walker v. City of Hayward et al

Filing 75

ORDER by Judge Thelton E. Henderson granting 67 Motion for determination of good faith settlement by Defendants American Discount Security and Daud Wardak. (tehlc3, COURT STAFF) (Filed on 11/20/2009)

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1 2 3 4 5 6 7 8 9 10 v. CITY OF HAYWARD, et al., Defendants. KEVIN WALKER, Plaintiff, NO. C07-6205 TEH ORDER GRANTING MOTION FOR DETERMINATION OF GOOD FAITH SETTLEMENT BY DEFENDANTS AMERICAN DISCOUNT SECURITY AND DAUD WARDAK IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA United States District Court 11 For the Northern District of California 12 13 14 15 Plaintiff Kevin Walker reached a settlement with Defendants American Discount 16 Security ("ADS") and Daud Wardak, also known as David Wardak. ADS and Wardak 17 moved for a determination that the settlement was in good faith, pursuant to California Code 18 of Civil Procedure section 877.6, and noticed their motion for hearing on December 7, 2009. 19 Neither Walker nor the City of Hayward Defendants filed an opposition or statement 20 of non-opposition by the November 16, 2009 deadline. The Court's courtroom deputy 21 telephoned counsel for these parties on November 17, 2009, and Walker filed a statement of 22 non-opposition later that day. To date, the City of Hayward Defendants have filed neither an 23 opposition nor a statement of non-opposition; the Court construes this failure, as well as 24 counsel's failure to respond to the Court's telephone call, as a non-opposition to the motion. 25 Accordingly, the motion for a determination of good faith settlement by Defendants 26 ADS and Wardak is hereby GRANTED as unopposed, and the December 7, 2009 hearing is 27 VACATED. This determination bars "any other joint tortfeasor or co-obligor from any 28 further claims against [ADS or Wardak] for equitable comparative contribution, or partial or 1 comparative indemnity, based on comparative negligence or comparative fault," concerning 2 the factual allegations underlying this action. Cal. Civ. P. Code 877.6(c). 3 4 IT IS SO ORDERED. 5 6 Dated: 11/20/09 7 8 9 10 THELTON E. HENDERSON, JUDGE UNITED STATES DISTRICT COURT United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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