Rosendin Electric, Inc. v. Hathaway Dinwiddie Construction Company et al

Filing 70

ORDER by Judge Haywood S. Gilliam, Jr. Granting 68 Stipulation FOR VOLUNTARY DISMISSAL OF CLAIMS. (ndrS, COURT STAFF) (Filed on 3/3/2017)

1 William T. Eliopoulos (State Bar No. 100633)

[e-mail]
2 Kaveh Badiei (State Bar No. 215179)

[e-mail]
3 RUTAN & TUCKER, LLP

Five Palo Alto Square
4 3000 El Camino Real, Suite 200

Palo Alto, CA 94306-9814
650-320-1500
Facsimile: 650-320-9905

5 Telephone:
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Attorneys for Defendant and Cross-Complainant
8 ROSENDIN ELECTRIC, INC.
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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12 THE USA FOR ASF ELECTRIC, INC.,

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STIPULATION FOR VOLUNTARY
DISMISSAL OF CLAIMS AND
[PROPOSED] ORDER

Plaintiff,

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Case No. 4:15-cv-01376-HSG

vs.

15 ROSENDIN ELECTRIC, INC.;

HATHAWAY DINWIDDIE
16 CONSTRUCTION COMPANY,

TRAVELERS CASUALTY AND SURETY
17 COMPANY OF AMERICA; FEDERAL

INSURANCE COMPANY, and DOES 5118 60, inclusive,

Date Action Filed: March 27, 2015
Trial Date:

Defendants.

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20 ROSENDIN ELECTRIC, INC.,
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Cross-Complainant,
vs.

23 HATHAWAY DINWIDDIE

CONSTRUCTION COMPANY,

24 TRAVELERS CASUALTY AND SURETY

COMPANY OF AMERICA; FEDERAL

25 INSURANCE COMPANY
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Defendants.

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174/022879-0058
10626342.1 a03/01/17

-1STIPULATION FOR VOLUNTARY DISMISSAL
OF CLAIMS & [PROPOSED] ORDER

1

Plaintiff A.S.F. Electric, Inc. (“ASF”); Defendant and Cross-Complainant Rosendin

2 Electric, Inc. (“Rosendin”); Defendant Hathaway Dinwiddie Construction Company
3 (“HDCC”); Defendant Travelers Casualty and Surety Company of American (“Travelers”);
4 and Defendant Federal Insurance Company (“FIC”) (collectively the “Parties”), by and
5 through their attorneys of record, hereby stipulate for dismissal pursuant to Rule 41(a)(1)(A)
6 of the Federal Rules of Civil Procedure as follows:
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I.

Dismissal of ASF’s Claims

ASF hereby dismisses with prejudice each and every claim for relief and cause of

9 action maintained by ASF against Rosendin in this Action.
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ASF hereby dismisses with prejudice each and every claim for relief and cause of

11 action maintained by ASF against HDCC in this Action.
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ASF hereby dismisses with prejudice each and every claim for relief and cause of

13 action maintained by ASF against Travelers in this Action.
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ASF hereby dismisses with prejudice each and every claim for relief and cause of

15 action maintained by ASF against FIC in this Action.
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II.

Dismissal of Rosendin Claims

Rosendin hereby dismisses with prejudice each and every claim for relief and cause

18 of action maintained by Rosendin against HDCC in this Action.
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Rosendin hereby dismisses with prejudice each and every claim for relief and cause

20 of action maintained by Rosendin against Travelers in this Action.
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Rosendin hereby dismisses with prejudice each and every claim for relief and cause

22 of action maintained by Rosendin against FIC in this Action.
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III.

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Finally, the Parties hereby stipulate to the Court’s continuing jurisdiction over the

Continuing Jurisdiction

25 Action for purposes of enforcing the Parties’ various settlement agreements.
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174/022879-0058
10626342.1 a02/22/17

-2STIPULATION FOR VOLUNTARY DISMISSAL
OF CLAIMS & [PROPOSED] ORDER

/S/ William T. Eliopoulos

I hereby attest that I have on file all holographic signatures corresponding to any signatures

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2 indicated by a conformed signature (/S/) within this e-filed document.
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Dated: February 22, 2017
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RUTAN & TUCKER, LLP
WILLIAM T. ELIOPOULOS
KAVEH BADIEI

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/S/ William T. Eliopoulos

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By:
William T. Eliopoulos, Esq.
Attorneys for Defendant and Cross-Complainant
ROSENDIN ELECTRIC, INC.

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[PROPOSED] ORDER

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Pursuant to Rule 41(a)(1)(A) and Rule 41(a)(1)(B) of the Federal Rules of Civil Procedure,
IT IS HEREBY ORDERED that the claims of A.S.F. Electric, Inc. and the claims of Rosendin
Electric, Inc. are dismissed, as set forth in the Parties’ Stipulation for Voluntary Dismissal of
Claims.

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IT IS SO ORDERED:

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Dated:

3/3/2017

Hon.
Judge, United States District Court

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174/022879-0058
10626342.1 a02/22/17

-4STIPULATION FOR VOLUNTARY DISMISSAL
OF CLAIMS & [PROPOSED] ORDER