Barbara Thorne et al v. Bath Iron Works Corp. et al

Filing 28

ORDER DISMISSAL OF STRICT LIABILITY CLAIMS ONLY, AS TO DEFENDANT BATH IRON WORKS CORPORATION. Signed by Judge Susan Illston on 4/12/16. (tfS, COURT STAFF) (Filed on 4/13/2016)

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1 5 ALAN R. BRAYTON, ESQ., S.B. #73685 DAVID R. DONADIO, ESQ., S.B. #154436 Email: DDonadio@braytonlaw.com BRAYTON PURCELL LLP Attorneys at Law 222 Rush Landing Road P.O. Box 6169 Novato, California 94948-6169 (415) 898-1555 6 Attorneys for Plaintiffs 2 3 4 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 ATTORNEYS AT LAW 222 RUSH LANDING ROAD P O BOX 6169 NOVATO, CALIFORNIA 94948-6169 (415) 898-1555 BRAYTON PURCELL LLP 11 12 13 BARBARA THORNE, as Wrongful Death Heir, and as Successor-in-Interest to ANDREW PRICE, Deceased, and BRENDA MARONDE, CELESTIA SIMS-MAYER, BECKY PRICE, KAYELLEN PRICE-LEE, as Legal Heirs of ANDREW PRICE, Deceased, 14 Plaintiffs, 15 vs. 16 17 BATH IRON WORKS CORPORATION, FOSTER WHEELER LLC (FKA FOSTER WHEELER CORPORATION), 18 Defendants. 19 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) No. 3:14-cv-02460-SI STIPULATION FOR DISMISSAL OF STRICT LIABILITY CLAIMS ONLY, AS TO DEFENDANT BATH IRON WORKS CORPORATION, WITHOUT PREJUDICE 20 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 1 STIPULATION FOR DISMISSAL OF STRICT LIABILITY CLAIMS ONLY, AS TO DEFENDANT BATH IRON WORKS CORPORATION, WITHOUT PREJUDICE 1 IT IS HEREBY STIPULATED by the affected parties, Plaintiffs and Defendant, that 2 the parties request this Court dismiss the strict liability claims (the Second and Fourth Cause of 3 Action) from Plaintiffs’ Complaint for Survival, Wrongful Death – Asbestos, as to defendant 4 BATH IRON WORKS CORPORATION, without prejudice, pursuant to Rule 41 of the Federal 5 Rules of Civil Procedure. 6 7 8 Dated: April 11, 2016 BRAYTON PURCELL LLP 9 10 11 By: s/ David R. Donadio DAVID R. DONADIO, S.B. #154436 DDonadio@braytonlaw.com Tel: (415) 898-1555 Fax: (415)898-1247 Attorneys for Plaintiffs 12 13 14 15 Dated: April 11, 2016 HUGO & PARKER, LLP 16 17 18 By : 19 20 CHARLES S. PARK, S.B. #161430 Attorneys for Defendant BATH IRON WORKS CORPORATION 21 22 23 24 25 26 27 28 2 STIPULATION FOR DISMISSAL OF STRICT LIABILITY CLAIMS ONLY, AS TO DEFENDANT BATH IRON WORKS CORPORATION, WITHOUT PREJUDICE 1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 9 10 11 BARBARA THORNE, as Wrongful Death Heir, and as Successor-in-Interest to ANDREW PRICE, Deceased, and BRENDA MARONDE, CELESTIA SIMS-MAYER, BECKY PRICE, KAYELLEN PRICE-LEE, as Legal Heirs of ANDREW PRICE, Deceased, ATTORNEYS AT LAW 222 RUSH LANDING ROAD P O BOX 6169 NOVATO, CALIFORNIA 94948-6169 (415) 898-1555 BRAYTON PURCELL LLP 12 Plaintiffs, 13 vs. 14 15 BATH IRON WORKS CORPORATION, FOSTER WHEELER LLC (FKA FOSTER WHEELER CORPORATION), 16 Defendants. 17 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) No. 3:14-cv-02460-SI ORDER GRANTING PARTIES’ DISMISSAL OF STRICT LIABILITY CLAIMS ONLY, AS TO DEFENDANT BATH IRON WORKS CORPORATION, WITHOUT PREJUDICE 18 19 PURSUANT TO STIPULATION, IT IS SO ORDERED. Strict Liability claims (the 20 Second and Fourth Cause of Action), as to defendant BATH IRON WORKS CORPORATION, 21 are hereby dismissed without prejudice, pursuant to Rule 41 of the Federal Rules of Civil 22 Procedure. 23 24 25 26 27 Dated: 4/12/16 By: Susan Illston United States District Judge 28 1 ORDER GRANTING PARTIES’ DISMISSAL OF STRICT LIABILITY CLAIMS ONLY, AS TO DEFENDANT BATH IRON WORKS CORPORATION, WITHOUT PREJUDICE

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