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

Filing 839

ORDER by Judge Haywood S. Gilliam, Jr. GRANTING 838 Stipulation TO EXTEND JURISDICTION OVER CONDITIONALLY DISMISSED DEFENDANT WARREN PUMPS, LLC. (ndr, COURT STAFF) (Filed on 9/26/2024)

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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 TO EXTEND
JURISDICTION OVER
CONDITIONALLY DISMISSED
DEFENDANT WARREN PUMPS, LLC;
ORDER
____________________________________
Courtroom: 02, 4th Floor
District Judge: Hon. Haywood S. Gilliam Jr.

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Filed in State Court: November 15, 2022
Removed to NDCA: December 21, 2022
Trial Date:
September 9, 2024.

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STIPULATION TO EXTEND JURISDICTION OVER CONDITIONALLY DISMISSED DEFENDANT
WARREN PUMPS, LLC [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 Plaintiffs Michael R. Marcus and Victoria L. Marcus
(“Plaintiffs”) and WARREN PUMPS, LLC (“Defendant”) hereby stipulate as follows:
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.
3. On August 12, 2024, Plaintiffs and Defendant reached an agreement of all claims in
this action.
4. On August 12, 2024, the Court granted an oral motion for a conditional dismissal with
prejudice as to Warren Pumps, LLC, with the Court retaining jurisdiction for 45 days.
5. While all terms of settlement are agreed upon, the terms of settlement are not yet

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perfected. Plaintiffs and Defendant agree that this matter should not be litigated due to the

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agreed-upon resolution.

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6. Therefore, Plaintiffs and Defendant stipulate and request that this Court retain

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jurisdiction over the matter as it pertains to Defendant Warren Pumps, LLC, for an additional

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forty-five (45) days.

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DATED: September 25, 2024

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By: _______________________________
Rabiah N. Oral
Attorney for Plaintiffs

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Maune Raichle Hartley French & Mudd LLC

DATED: September 25, 2024

Tucker Ellis, LLP
By: _______________________________
James P. Cunningham
Attorney for Warren Pumps, LLC

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STIPULATION TO EXTEND JURISDICTION OVER CONDITIONALLY DISMISSED DEFENDANT
WARREN PUMPS, LLC [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: September 25, 2024

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

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STIPULATION TO EXTEND JURISDICTION OVER CONDITIONALLY DISMISSED DEFENDANT
WARREN PUMPS, LLC [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:
PURSUANT TO STIPULATION, IT IS SO ORDERED that the terms of settlement

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between PLAINTIFFS and Defendant WARREN PUMPS, LLC are to be perfected within forty-

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five (45) days of this order. The Court retains jurisdiction over the matter as it pertains to

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Defendant WARREN PUMPS, LLC, for forty-five (45) days from the date of this order.

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IT IS SO ORDERED.

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DATED:

9/26/2024

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

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STIPULATION TO EXTEND JURISDICTION OVER CONDITIONALLY DISMISSED DEFENDANT
WARREN PUMPS, LLC [Case No. 4:22-cv-09058-HSG]