Sanchez et al v. H&R Plumbing and Drain Cleaning, Inc. et al

Filing 36

STIPULATION AND ORDER: Defendants Western Surety Company and American Contractors Indemnity Company are dismissed with prejudice without any continuing jurisdiction of the Court as to them. See Stipulation and Order for more particulars re 34 STIPULATION WITH PROPOSED ORDER as to Dismissal filed by Jose L. Sanchez, Eric Ortiz Cruz, Roberto A. Calles, Francis Sanchez. Signed by Magistrate Judge Donna M. Ryu on 4/18/13. (igS, COURT STAFF) (Filed on 4/18/2013)

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TOMAS E. MARGAIN, Bar No. 193555
84 W. SANTA CLARA STREET, STE. 790
SAN JOSE, CA 95113
TEL [phone]
FAX [phone]

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[e-mail]

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Attorneys for Plaintiffs
FRANCIS SANCHEZ, JOSE L. SANCHEZ,
ROBERTO A. CALLES and ERIC ORTIZ CRUZ

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JEFFREY G. McCLURE #152974
DAVENPORT GERSTNER & McCLURE
2450 Camino Diablo, Suite 200
Walnut Creek, California 94597
Telephone: [phone] Fax: [phone]
Attorneys for Defendant, H&R Plumbing and
Drain Cleaning, Inc. and WESTERN SURETY COMPANY,
and AMERICAN CONTRACTORS INDEMNITY COMPANY

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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FRANCIS SANCHEZ, JOSE L.
SANCHEZ, ROBERTO A. CALLES
and ERIC ORTIZ CRUZ,
Plaintiffs,
vs.
H&R PLUMBING AND DRAIN
CLEANING, INC., CITY OF
BRENTWOOD, MOUNTAIN VIEW
SANITARY DISTRICT, WESTERN
SURETY COMPANY, and AMERICAN
CONTRACTORS INDEMNITY
COMPANY,

No. CV 12-04588 DMR
STIPULATION AND ORDER TO
DISMISS ENTIRE ACTION WITH
PREJUDICE; COURT TO RETAIN
JURISDICTION AS TO H&R
PLUMBING AND DRAIN
CLEANING, INC. ONLY

Defendants.

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Davenport
Gerstner & McClure
2450 Camino Diablo
Suite 200
Walnut Creek, CA 94597
[phone]
Fax [phone]

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Plaintiffs FRANCIS SANCHEZ, JOSE L. SANCHEZ, ROBERTO A. CALLES and ERIC

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ORTIZ CRUZ, and Defendant H&R PLUMBING AND DRAIN CLEANING, INC. (“H&R”) and

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WESTERN SURETY COMPANY, and AMERICAN CONTRACTORS INDEMNITY

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COMPANY (“Sureties”) hereby stipulate and agree as follows:
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1.

The matter has fully settled and the parties have executed a written settlement

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agreement. The agreement calls for payments to be made over an eighteen month

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period.

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2.

Defendants.

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The parties stipulate that this matter be dismissed with prejudice as to all

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The parties stipulate that the Dismissal as to public entities CITY OF
BRENTWOOD and MT. VIEW SANITARY DISTRICT (erroneously identified as

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MOUNTAIN VIEW SANITARY DISTRICT), and sureties WESTERN SURETY

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COMPANY and AMERICAN CONTRACTORS INDEMNITY COMPANY, be
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final and binding with no continuing jurisdiction as to enforcement as to those
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Defendants.
4.

The parties request that the Court retain jurisdiction to enforce the settlement
agreement in the event there is a breach as between Plaintiffs and H&R

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PLUMBING AND DRAIN CLEANING, INC. only for a period of eighteen

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months or to November 1, 2015.

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IT IS SO STIPULATED

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Davenport
Gerstner & McClure
2450 Camino Diablo
Suite 200
Walnut Creek, CA 94597
[phone]
Fax [phone]

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Dated:__April 4, 2013_.

DAVENPORT GERSTNER & McCLURE

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_________________________________________
JEFFREY G. McCLURE
Attorneys for Defendant, H&R PLUMBING AND
DRAIN CLEANING, INC. and WESTERN SURETY
COMPANY, and AMERICAN CONTRACTORS
INDEMNITY COMPANY

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Dated:____ April 4, 2013__.
____/s/ Tomas Margain__________________________
TOMAS E. MARGAIN
Attorneys for Plaintiffs FRANCIS SANCHEZ,
JOSE L. SANCHEZ, ROBERTO A CALLES and
ERIC ORTIZ CRUZ

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ORDER

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Based on the stipulation of counsel and good cause shown, this matter is dismissed with

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prejudice. All deadlines are hereby terminated. The parties have reached a settlement through

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counsel. Defendants WESTERN SURETY COMPANY and AMERICAN CONTRACTORS

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INDEMNITY COMPANY are dismissed with prejudice without any continuing jurisdiction of the

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Court as to them. As to Plaintiffs and Defendant H&R PLUMBING AND DRAIN CLEANING,

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INC. only the Court retains jurisdiction to enforce the terms of settlement agreement so long as a

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motion is filed before November 1, 2015. After that, this order is without prejudice with any party

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seeking to enforce the contract in a separate proceeding.

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IT IS SO ORDERED

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DATED:

4/18/13

By:
Donna Ryu
United States District Court
Magistrate Judge

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Davenport
Gerstner & McClure
2450 Camino Diablo
Suite 200
Walnut Creek, CA 94597
[phone]
Fax [phone]

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