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

Filing 761

ORDER GRANTING 759 PROVISIONAL STIPULATION OF DISMISSAL WITH PREJUDICE: INTERVENOR INSURERS ON BEHALF OF THEIR SUSPENDED INSURED PLANT PRODUCTS & SUPPLY COMPANY. Intervenor Insurers on Behalf of Their Suspended Insured Plant Products & Supply Co. TERMINATED. Signed by Judge Haywood S. Gilliam, Jr. on 8/28/2024. (ndr, COURT STAFF) (Filed on 8/28/2024)

5

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]

6

Attorneys for Plaintiffs

1
2
3
4

7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10
11
12
13
14
15
16
17
18
19
20

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]
PROVISIONAL STIPULATION OF
DISMISSAL WITH PREJUDICE:
INTERVENOR INSURERS ON
BEHALF OF THEIR SUSPENDED
INSURED PLANT PRODUCTS &
SUPPLY COMPANY; 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:
September 9, 2024.

21
22
23
24
25
26
27
28

PROVISIONAL STIPULATION OF DISMISSAL WITH PREJUDICE: INTERVENOR INSURERS ON BEHALF
OF THEIR SUSPENDED INSURED PLANT PRODUCTS & SUPPLY COMPANY [Case No. 4:22-cv-09058HSG]

1
2

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

3

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

4

INTERVENOR INSURERS ON BEHALF OF THEIR SUSPENDED INSURED PLANT

5

PRODUCTS & SUPPLY COMPANY (“Defendant”) hereby stipulate as follows:

6

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

7

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

8

Case No. 22CV021840.

9
10
11
12
13
14
15
16
17

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.
3. On August 21, 2024, Plaintiffs and Defendant reached an agreement of all claims in
this action.
4. The terms of settlement are not yet perfected, but Plaintiffs and Defendant agree that
this matter should not be litigated due to the agreed-upon resolution.
Based on the foregoing facts, Plaintiffs and Defendant stipulate and agree to the
following:
This Court should conditionally dismiss this Action in its entirety against

18

INTERVENOR INSURERS ON BEHALF OF THEIR SUSPENDED INSURED PLANT

19

PRODUCTS & SUPPLY COMPANY, only, with prejudice. As the terms of settlement are not

20

yet perfected, this Court will retain jurisdiction over the matter for sixty (60) days.

21

DATED: August 22, 2024

22
23
24

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

25
26
27
28

1
PROVISIONAL STIPULATION OF DISMISSAL WITH PREJUDICE: INTERVENOR INSURERS ON BEHALF
OF THEIR SUSPENDED INSURED PLANT PRODUCTS & SUPPLY COMPANY [Case No. 4:22-cv-09058HSG]

1

DATED: August 27, 2024

BERKES CRANE SANTANA & SPANGLER LLP
By: _______________________________
Viiu Spangler
K. Lynn Finateri Silbiger
Rebecca A. Bellow
Attorneys for Intervenor Insurers on Behalf
of Their Suspended Insured Plant Products
& Supply Company

2
3
4
5
6
7
8
9

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

10

authorized the filing.

11

DATED: August 22, 2024

12
13

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

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2
PROVISIONAL STIPULATION OF DISMISSAL WITH PREJUDICE: INTERVENOR INSURERS ON BEHALF
OF THEIR SUSPENDED INSURED PLANT PRODUCTS & SUPPLY COMPANY [Case No. 4:22-cv-09058HSG]

ORDER

1
2
3
4

Having read and considered the foregoing stipulation of parties, and good cause
appearing:
PURSUANT TO STIPULATION, IT IS SO ORDERED that INTERVENOR

5

INSURERS ON BEHALF OF THEIR SUSPENDED INSURED PLANT PRODUCTS &

6

SUPPLY COMPANY, only, is conditionally dismissed with prejudice from this Action in its

7

entirety. Perfection of the terms of the settlement is to be completed within 60 days of this signed

8

Order. The Court shall retain jurisdiction for 60 days from the date of this signed Order.

9
10

IT IS SO ORDERED.

11
12
13

DATED: 8/28/2024

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

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

3
PROVISIONAL STIPULATION OF DISMISSAL WITH PREJUDICE: INTERVENOR INSURERS ON BEHALF
OF THEIR SUSPENDED INSURED PLANT PRODUCTS & SUPPLY COMPANY [Case No. 4:22-cv-09058HSG]