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

Filing 345

ORDER GRANTING 344 STIPULATION OF DISMISSAL WITH PREJUDICE AS TO DEFENDANT SYD CARPENTER, MARINE CONTRACTOR, INC. Syd Carpenter, Marine Contractor, Inc. TERMINATED. Signed by Judge Haywood S. Gilliam, Jr. on 3/26/2024. (ndr, COURT STAFF) (Filed on 3/26/2024)

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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,
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 WITH
PREJUDICE AS TO DEFENDANT SYD
CARPENTER, MARINE
CONTRACTOR, INC.; 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 WITH PREJUDICE AS TO DEFENDANT SYD CARPENTER, MARINE
CONTRACTOR, INC. [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 Syd Carpenter, Marine Contractor, Inc., only, (“Defendant”) hereby stipulates as

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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 March 22, 2024, Plaintiffs and Defendant reached an agreement on all allegations,

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if any, related to exposure to asbestos post December 31, 1979 as to Defendant Syd Carpenter,

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Marine Contractor, Inc., only.

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Based on the foregoing facts, Plaintiffs and Defendant stipulate and agree to the
following:
This Court should dismiss with prejudice all allegations, if any, related to exposure to

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asbestos post December 31, 1979 as to Defendant Syd Carpenter, Marine Contractor, Inc., only.

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DATED: March 25, 2024

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By: _______________________________
Rabiah N. Oral
Attorney for Plaintiffs

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Maune Raichle Hartley French & Mudd LLC

DATED: March 25, 2024

By: _______________________________
/s/ Arpi Galfayan
Arpi Galfayan, Esq.

Attorney for Intervenors, Hartford Accident and
Indemnity Company, Hartford Casualty
Insurance Company, Zurich American
Insurance Company, Argonaut Insurance
Company, and Fireman’s Fund Insurance
Company, insurers of Defendant Syd Carpenter,
Marine Contractor, Inc., a suspended California
Corporation

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STIPULATION OF DISMISSAL WITH PREJUDICE AS TO DEFENDANT SYD CARPENTER, MARINE
CONTRACTOR, INC. [Case No. 4:22-cv-09058-HSG]

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LOCAL RULE 5-1(i)(3) SERVICE AND FILING OF PLEADINGS AND OTHER
PAPERS
In accordance with L.R5-1(i)(3), I, Rabiah N. Oral, attest that all signatories identified

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above, and on whose behalf the filing is submitted, concur in the filing’s content and have

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authorized the filing.

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DATED: March 25, 2024

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By: _______________________________
Rabiah N. Oral, Esq.
Attorney for Plaintiffs

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STIPULATION OF DISMISSAL WITH PREJUDICE AS TO DEFENDANT SYD CARPENTER, MARINE
CONTRACTOR, INC. [Case No. 4:22-cv-09058-HSG]

ORDER

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

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PURSUANT TO STIPULATION, IT IS SO ORDERED that SYD CARPENTER,

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MARINE CONTRACTOR, INC., is dismissed with prejudice from all allegations, if any, related

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to exposure to asbestos post December 31, 1979.

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IT IS SO ORDER.

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DATED: 3/26/2024

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

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STIPULATION OF DISMISSAL WITH PREJUDICE AS TO DEFENDANT SYD CARPENTER, MARINE
CONTRACTOR, INC. [Case No. 4:22-cv-09058-HSG]