Wright v. Crown Cork & Seal Company, Inc. et al

Filing 22

STIPULATION AND ORDER REMANDING CASE to the Superior Court of California, County of San Francisco. Signed by Judge Saundra Brown Armstrong, on 06/07/12 ***Civil Case Terminated. (lrc, COURT STAFF) (Filed on 6/8/2012) Modified on 6/8/2012 (jlm, COURT STAFF).

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ALAN R. BRAYTON, ESQ., CA S.B. #73685
DAVID R. DONADIO, ESQ., CA S.B. #154436
RICHARD M. GRANT, ESQ., S.B. #55677
E-Mail: [e-mail]
BRAYTON˜PURCELL LLP
Attorneys at Law
222 Rush Landing Road
P.O. Box 6169
Novato, California 94948-6169
[phone]
[phone] (Facsimile)

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Attorneys for Plaintiff

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ATTORNEYS AT LAW
222 RUSH LANDING ROAD
P O BOX 6169
NOVATO, CALIFORNIA 94948-6169
[phone]

BRAYTON˜PURCELL LLP

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ANDRE WRIGHT,

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Plaintiff,

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vs.

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CROWN CORK & SEAL COMPANY,
INC., et al.

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Case No. 3:12-cv-02555 SBA
STIPULATION TO REMAND ACTION
TO STATE COURT AND ORDER
THEREON
[Local Rules 7-1 and 7-12; FRCP 41]

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Judge Saundra Brown Armstrong
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Comes now Plaintiff ANDRE WRIGHT, (“Plaintiff”) and Defendant SPIRAX

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SARCO, INC.(“SPIRAX”), who file the following joint stipulation pursuant to Local Rules 7-1

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and 7-12:

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WHEREAS, Defendant SPIRAX removed this case to the United States District Court

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for the Northern District of California on May 17,2012 on the ground that the Court has

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“federal officer” subject matter jurisdiction under 28 U.S.C. section 1442(a) based on

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Plaintiffs’ allegations that decedent’s injury was caused by alleged exposure to asbestos in
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STIPULATION TO REMAND ACTION TO STATE COURT AND ORDER THEREON

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SPIRAX’s products on various U.S. Navy or U.S. Maritime Commission vessels, and on

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defendant’s allegations that the products were manufactured under the supervision and control

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of the United States government; and

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WHEREAS, Defendant SPIRAX was the sole removing defendant and no other
defendant joined in removal or filed a separate notice of removal; and
WHEREAS, Plaintiffs and Defendant SPIRAX, the affected parties, have now reached a

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resolution of Plaintiff’s claims against SPIRAX whereby Plaintiff agrees to waive all claims

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against SPIRAX relating to or arising out of plaintiff’s asbestos exposure at military jobsites or

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aboard U.S. Navy , U.S. Government or U.S. Maritime Commission vessels. Specifically, as of

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the date of this stipulation, plaintiff’s claims against SPIRAX are limited to plaintiff’s asbestos

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exposure on the following vessels:

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Joseph D. Potts

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Harbor Princess

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Harbor Prince

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Should Plaintiff later discover or recall any other vessel or vessels, presently unknown,

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which have not been previously identified to date by way of discovery responses or otherwise,

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Plaintiff agrees to waive all claims against SPIRAX relating to or arising out of plaintiff’s

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asbestos exposure aboard any of such vessels if they are U.S. Navy , U.S. Government or U.S.

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Maritime Commission vessels.

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WHEREAS, Plaintiff will file a formal waiver of said claims with the Court prior to the
filing of this Stipulation; and
WHEREAS, Defendant SPIRAX’S desire for a federal forum for this action is now
moot given the resolution of the aforesaid claims against it; and
WHEREAS, Plaintiff waives and dismisses its cause of action for punitive damages
against SPIRAX; and
WHEREAS, pursuant to the parties’ resolution, Plaintiffs and Defendant SPIRAX seek
to have this action remanded to state court,
IT IS HEREBY STIPULATED by the affected parties, Plaintiffs and Defendant
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STIPULATION TO REMAND ACTION TO STATE COURT AND ORDER THEREON

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SPIRAX that this action shall be, and hereby is immediately remanded to the San Francisco

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County Superior Court, the court in which it was originally filed and from which it was

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removed.

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Dated: May ________, 2012

BRAYTON ˜PURCELL LLP

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By:
Richard Grant
Attorneys for Plaintiffs

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Dated: May_________, 2012

TUCKER ELLIS & WEST LLP

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By:
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Lance D. Wilson
Attorneys for Defendant
SPIRAX SARCO, INC.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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This case is REMANDED to the Superior Court of California, County of San

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Francisco, Case No. CGC-09-275680. The Clerk shall send a certified copy of this Order to the

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Clerk of the Court for the Superior Court of California, County of San Francisco.

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Dated: _6/7/12

By:
United States District Judge

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STIPULATION TO REMAND ACTION TO STATE COURT AND ORDER THEREON