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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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: (800) 358-5922 Facsimile: (314) 241-4838 damell@mrhfmlaw.com roral@mrhfmlaw.com 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 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. 18 19 20 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 STIPULATION TO EXTEND JURISDICTION OVER CONDITIONALLY DISMISSED DEFENDANT WARREN PUMPS, LLC [Case No. 4:22-cv-09058-HSG] 1 2 3 4 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 5 of Consortium – Asbestos in the Superior Court of the State of California, Couty of Alameda 6 Case No. 22CV021840. 7 8 9 10 11 12 13 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 14 perfected. Plaintiffs and Defendant agree that this matter should not be litigated due to the 15 agreed-upon resolution. 16 6. Therefore, Plaintiffs and Defendant stipulate and request that this Court retain 17 jurisdiction over the matter as it pertains to Defendant Warren Pumps, LLC, for an additional 18 forty-five (45) days. 19 DATED: September 25, 2024 20 By: _______________________________ Rabiah N. Oral Attorney for Plaintiffs 21 22 23 24 25 Maune Raichle Hartley French & Mudd LLC DATED: September 25, 2024 Tucker Ellis, LLP By: _______________________________ James P. Cunningham Attorney for Warren Pumps, LLC 26 27 28 1 STIPULATION TO EXTEND JURISDICTION OVER CONDITIONALLY DISMISSED DEFENDANT WARREN PUMPS, LLC [Case No. 4:22-cv-09058-HSG] 1 2 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 3 above, and on whose behalf the filing is submitted, concur in the filing’s content and have 4 authorized the filing. 5 DATED: September 25, 2024 6 By: _______________________________ Rabiah N. Oral, Esq. Attorney for Plaintiffs 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 STIPULATION TO EXTEND JURISDICTION OVER CONDITIONALLY DISMISSED DEFENDANT WARREN PUMPS, LLC [Case No. 4:22-cv-09058-HSG] 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 the terms of settlement 5 between PLAINTIFFS and Defendant WARREN PUMPS, LLC are to be perfected within forty- 6 five (45) days of this order. The Court retains jurisdiction over the matter as it pertains to 7 Defendant WARREN PUMPS, LLC, for forty-five (45) days from the date of this order. 8 9 IT IS SO ORDERED. 10 11 12 DATED: 9/26/2024 __________________________________ Hon. Haywood S. Gilliam, Jr. UNITED STATES DISTRICT COURT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 STIPULATION TO EXTEND JURISDICTION OVER CONDITIONALLY DISMISSED DEFENDANT WARREN PUMPS, LLC [Case No. 4:22-cv-09058-HSG]

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