Eileen Brown et al v. Freedom West Homes, Inc. et al

Filing 168

ORDER for Supplemental Submission re 159 STIPULATION WITH PROPOSED ORDER REGARDING GOOD FAITH SETTLEMENTS OF DEFENDANTS filed by Eileen Brown. Signed by Judge Edward M. Chen on 10/17/2018. (emclc1, COURT STAFF) (Filed on 10/17/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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EILEEN BROWN, et al.,
Plaintiffs,

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v.

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FREEDOM WEST HOMES, INC., et al.,

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United States District Court
Northern District of California

Case No. 15-cv-04874-EMC

Defendants.

ORDER FOR SUPPLEMENTAL
SUBMISSION RE STIPULATION
REGARDING GOOD FAITH
SETTLEMENTS
Docket No. 159

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The parties have filed a stipulation seeking a determination from the Court that the two

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settlement agreements between the parties were entered into in good faith for the purposes of

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California Code of Civil Procedure § 877 and § 877.6. See Docket No. 159. Defendants Alton

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Management Corporation and William Hutton have filed the settlement agreement they reached

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with Plaintiffs together with an explanation as to why the agreement was entered into in good

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faith. See Docket No. 158. However, counsel for Alton Management and Mr. Hutton has stated

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that “it is possible that future claims for equitable contribution and/or indemnity based on

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comparative negligence or fault may be brought by third parties” against Defendants in this case.

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Docket No. 166 ¶ 3.

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In light of this concern, Defendants Freedom West Homes, Raymond Brown, and Anason

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Pak are hereby ordered to file with the Court the settlement agreement they reached with

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Plaintiffs. The same Defendants are additionally ordered to submit jointly with Plaintiffs a brief

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explanation, not to exceed 4 pages, why their settlement agreement satisfies the requirements of

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California Code of Civil Procedure § 877 and § 877.6 and the factors set forth in Tech-Bilt, Inc. v.

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Woodward-Clyde & Assocs., 38 Cal. 3d 488 (1985).

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The settlement agreement and accompanying explanation shall be filed by October 19,
2018, and may be filed under seal.

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IT IS SO ORDERED.

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Dated: October 17, 2018

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______________________________________
EDWARD M. CHEN
United States District Judge

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United States District Court
Northern District of California

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