Meras Engineering Inc. et al v. Ch2O. Inc.

Filing 46

STIPULATION AND ORDER re 45 DISMISSAL filed by Chad Walrod, Meras Engineering Inc.. Signed by Judge Edward M. Chen on 3/20/13. (bpf, COURT STAFF) (Filed on 3/20/2013)

1 DAWN M. ROSS (SBN 143028)
KIMBERLY CORCORAN (148229)
2 CARLE, MACKIE, POWER & ROSS LLP
100 B Street, Suite 400
3 Santa Rosa, California 95401
Telephone: [phone]
4 Facsimile: [phone]
5 Attorneys for Plaintiffs
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7
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

10 MERAS ENGINEERING INC., a California
Corporation, and CHAD WALROD,
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Plaintiffs,
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v.
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CH2O, Inc., a Washington Corporation,
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Defendant(s)
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Case No. C12-02738 EMC
(1) STIPULATION RE: DISMISSAL
(FRCP 10(a)) and (2) [PROPOSED]
ORDER OF DISMISSAL
Complaint Filed: 05/29/2012
Honorable Edward M. Chen

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I.

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STIPULATION RE: DISMISSAL
Plaintiffs Meras Engineering and Chad Walrod (herein “Plaintiffs”), on the one hand, and

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19 Defendant CH2O Inc. (“herein Defendant”), on the other hand, hereby stipulate as follows:
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WHEREAS, Plaintiffs filed the complaint in this action on May 29, 2012 (docket 1); and

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WHEREAS, Defendant filed an answer to the complaint on July 12, 2012 (docket 14);

22 and
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WHEREAS, on January 14, 2013, the Court issued an order in a Related Case, Meras

24 Engineering Inc., et al. v. CH2O, Inc., et al., Case number C 3:11-00389 EMC (docket 87 in case
25 C 3:11-00389 EMC), by which that Related Case was dismissed on the basis of a contractual
26 choice of venue clause;
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WHEREAS, the parties to this case reviewed the contractual language at issue in this

28 case and determined that it was sufficiently similar that the court may dismiss this action as well
CARLE, MACKIE,
POWER & ROSS LLP

00286258.DOC

1

Stipulation Re: Dismissal and [Proposed] Order Of Dismissal

Case No.: C12-02738 EMC

1 on the basis of contractual venue, even though the parties still dispute the enforceability of the
2 subject venue clause;
3

WHEREAS, there is already an action pending between CH2O, Inc. and Chad Walrod in

4 the Washington State courts on issues that are similar to those presented by this case; and
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WHEREAS, the parties to this case have entered into an agreement by which they

6 mutually waive fees and costs related to this action in contemplation of the parties’ mutual
7 agreement to dismiss this case without prejudice.
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NOW THEREFORE, the parties agree as follows:

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1.

The foregoing recitals are hereby incorporated by this reference.

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2.

In consideration of this Stipulation, the parties agree to a full and complete mutual

11 waiver of any claim for any attorneys’ fees or costs incurred to date in the prosecution and
12 defense of this action as set forth in the parties’ “Mutual Waiver of Fees and Costs re: California13 Based Action.”
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3.

Plaintiffs shall file this Stipulation with the Court, requesting an order dismissing

15 this action without prejudice
16 Respectfully Submitted,
17 Dated: March 14, 2013

CARLE, MACKIE, POWER & ROSS LLP

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By:
19
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/s/ Kimberly Corcoran
DAWN M. ROSS
KIMBERLY CORCORAN
Attorneys for Plaintiffs

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22 Dated: March 14, 2013

DAVIES PEARSON, P.C.

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By:
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/s/ Rebecca M. Larson
PETER T. PETRICH
REBECCA M. LARSON
Appearance Pro Hac Vice
Attorneys for Defendant CH2O, Inc.

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CARLE, MACKIE,
POWER & ROSS LLP

00286258.DOC

2

Stipulation Re: Dismissal and [Proposed] Order Of Dismissal

Case No.: C12-02738 EMC

1

II.

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[PROPOSED] ORDER
Pursuant to the foregoing stipulation, and good cause appearing therefor, it is hereby

4 ordered that this action is hereby dismissed without prejudice.
IT IS SO ORDERED.

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9
10

Judge of the United States District Court

DERED
SO OR ED
IT IS
DIFI
AS MO

NO

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RT

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dward
Judge E

ER

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n

M. Che

A

H

13

R NIA

UNIT
ED

8

S DISTRICT
TE
C
TA Honorable Edward M. Chen
The

RT
U
O

S

7 Dated:

3/20/13

LI

5

The Clerk of the Court is
directed to close this
matter.

FO

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N

F
D IS T IC T O
R

C

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CARLE, MACKIE,
POWER & ROSS LLP

00286258.DOC

3

Stipulation Re: Dismissal and [Proposed] Order Of Dismissal

Case No.: C12-02738 EMC