Marcus et al v. Air & Liquid Systems Corporation et al

Filing 271

ORDER GRANTING 269 STIPULATION Of DISMISSAL WITHOUT PREJUDICE. FLOWSERVE US, INC. as successor-in-interest to DURAMETALLIC CORPORATION Terminated. Signed by Judge Haywood S. Gilliam, Jr. on 2/5/2024. (ndr, COURT STAFF) (Filed on 2/5/2024)

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MAUNE.RAICHLE.HARTLEY.FRENCH & MUDD, LLC
David L. Amell, Esq. (State Bar No. 227207)
Rabiah N. Oral, Esq. (State Bar No. 319905)
1900 Powell Street, Suite 200
Emeryville, California 94608
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

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Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MICHAEL R. MARCUS and VICTORIA L.
MARCUS,
Plaintiffs,

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vs.
AIR & LIQUID SYSTEMS CORPORATION,
et.al.
Defendants.

Case No.: 4:22-cv-09058-HSG
[Alameda County Superior Court Case No.:
22CV021840]
STIPULATION OF DISMISSAL
WITHOUT PREJUDICE; ORDER
____________________________________
Courtroom: 02, 4th Floor
District Judge: Hon. Haywood S. Gilliam Jr.
Filed in State Court: November 15, 2022
Removed to NDCA: December 21, 2022
Trial Date:
August 26, 2024.

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STIPULATION OF DISMISSAL WITHOUT PREJUDICE [Case No. 4:22-cv-09058-HSG]

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TO THE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE that, pursuant to Federal Rule of Civil Procedure Section

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41(a)(1)(A)(i)(ii), Plaintiffs Michael R. Marcus and Victoria L. Marcus (“Plaintiffs”) and

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Defendant Flowserve US, Inc., Individually and as Successor-in-Interest to Durametallic

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Corporation (“Defendant”) hereby stipulates as follows:

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1. On November 15, 2022, Plaintiffs filed their Complaint for Personal Injury and Loss

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of Consortium – Asbestos in the Superior Court of the State of California, Couty of Alameda

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Case No. 22CV021840.

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2. On December 21, 2022, the above action was removed to the United States District
Court, Northern District of California, Case No. 4:22-09058.
4. On January 12, 2024, Plaintiffs and Defendant reached an agreement of all claims in
this action.
Based on the foregoing facts, Plaintiffs and Defendant stipulate and agree to the
following:
This Court should dismiss this Action in its entirety against Defendant Flowserve US,

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Inc., Individually and as Successor-in-Interest to Durametallic Corporation, only, without

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prejudice. Each party to bear its own fees and cost.

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DATED: January 23, 2024

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Maune Raichle Hartley French & Mudd LLC
By: _______________________________
Rabiah N. Oral
Attorney for Plaintiffs

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DATED: January 23, 2024

By: _______________________________
Nicole Brown Yuen, Esq.
Attorney for Flowserve US, Inc.,
Individually and as Successor-in-Interest to
Durametallic Corporation

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STIPULATION OF DISMISSAL WITHOUT PREJUDICE [Case No. 4:22-cv-09058-HSG]

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ORDER
Having read and considered the foregoing stipulation of parties, and good cause appearing:

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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DATE: 2/5/2024

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Hon. Haywood S. Gilliam, Jr.
UNITED STATES DISTRICT COURT JUDGE

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STIPULATION OF DISMISSAL WITHOUT PREJUDICE [Case No. 4:22-cv-09058-HSG]