KFD Enterprises Inc v. City of Eureka

Filing 680

ORDER by Judge Samuel Conti granting in part and denying in part 663 Motion to Dismiss; granting in part and denying in part 664 Motion to Dismiss (sclc1, COURT STAFF) (Filed on 4/11/2014)

1
2
3
4
5
6
7

IN THE UNITED STATES DISTRICT COURT

8

FOR THE NORTHERN DISTRICT OF CALIFORNIA

10
For the Northern District of California

United States District Court

9
KFD ENTERPRISES, INC.,
Plaintiff,

11
12
13

v.
CITY OF EUREKA, et al.

14

Defendants.

15
16

AND RELATED COUNTER- AND CROSSCLAIMS

17

)
)
)
)
)
)
)
)
)
)
)
)
)
)

Case No. 08-04571-SC
ORDER GRANTING IN PART AND
DENYING IN PART REQUESTS
FOR DISMISSAL WITH
PREJUDICE AS TO WINZLER &
KELLY CONSULTING ENGINEERS,
ENVIRONMENTAL RESOLUTIONS,
INC., AND CADNO USA INC.

18
19
The Court previously granted a motion for approval of a

20
21

settlement between KFD Enterprises, Inc. ("KFD") and Winzler &

22

Kelly Consulting Engineers ("WKCE"), as well as another motion for

23

approval of a settlement between KFD and Environmental Resolutions,

24

Inc. and Cardno USA, Inc. (collectively, "ERI").

25

662.

26

pursuant to the Court's prior orders.

27

requests are unopposed but could be more clearly worded.

28

requests are GRANTED to the extent that KFD seeks dismissal with

ECF Nos. 658,

KFD now requests dismissal with prejudice as to WKCE and ERI
ECF Nos. 663, 664.

The
The

1

prejudice as to the pending claims in this action against WKCE and

2

ERI.

3

dismissal with prejudice of WKCE and ERI's claims against KFD.

4

requests are DENIED to the extent that they seek dismissal of all

5

claims against KFD, including those of the City of Eureka.

The requests are also GRANTED to the extent KFD seeks

6
7

IT IS SO ORDERED.

8
9

April 11, 2014

United States District Court

For the Northern District of California

10

UNITED STATES DISTRICT JUDGE

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2

The