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

Filing 849

ORDER by Judge Haywood S. Gilliam, Jr. GRANTING 848 Stipulation TO EXTEND JURISDICTION OVER CONDITIONALLY DISMISSED DEFENDANT PLANT PRODUCTS & SUPPLY COMPANY and INTERVENOR INSURERS ON BEHALF OF THEIR SUSPENDED INSURED PLANT PRODUCTS & SUPPLY COMPANY. (ndr, COURT STAFF) (Filed on 10/24/2024)

Download PDF
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 18 19 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 PLANT PRODUCTS & SUPPLY COMPANY and INTERVENOR INSURERS ON BEHALF OF THEIR SUSPENDED INSURED PLANT PRODUCTS & SUPPLY COMPANY; ORDER ____________________________________ Courtroom: 02, 4th Floor District Judge: Hon. Haywood S. Gilliam Jr. 20 21 22 Filed in State Court: November 15, 2022 Removed to NDCA: December 21, 2022 Trial Date: September 9, 2024. 23 24 25 26 27 28 STIPULATION TO EXTEND JURISDICTION OVER CONDITIONALLY DISMISSED DEFENDANT PLANT PRODUCTS & SUPPLY COMPANY and INTERVENOR INSURERS ON BEHALF OF THEIR SUSPENDED INSURED PLANT PRODUCTS & SUPPLY COMPANY [Case No. 4:22-cv-09058-HSG] 1 TO THE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that Plaintiffs Michael R. Marcus and Victoria L. Marcus 2 3 (“Plaintiffs”) and PLANT PRODUCTS & SUPPLY COMPANY and INTERVENOR 4 INSURERS ON BEHALF OF THEIR SUSPENDED INSURED PLANT PRODUCTS & 5 SUPPLY COMPANY (“Defendant” collectively) hereby stipulate as follows: 1. 6 On November 15, 2022, Plaintiffs filed their Complaint for Personal Injury and 7 Loss of Consortium – Asbestos in the Superior Court of the State of California, Couty of 8 Alameda Case No. 22CV021840. 2. 9 10 District Court, Northern District of California, Case No. 4:22-09058. 3. 11 12 On December 21, 2022, the above action was removed to the United States On August 21, 2024, Plaintiffs and Defendant reached an agreement of all claims in this action. 4. 13 On August 28, 2024, the Court granted a conditional dismissal with prejudice as 14 to INTERVENOR INSURERS ON BEHALF OF THEIR SUSPENDED INSURED PLANT 15 PRODUCTS & SUPPLY COMPANY, with the Court retaining jurisdiction for 60 days. 5. 16 On September 13, 2024, the Court granted a conditional dismissal with prejudice 17 as to PLANT PRODUCTS & SUPPLY COMPANY, with the Court retaining jurisdiction for 60 18 days. 6. 19 While all terms of settlement are agreed upon, the terms of settlement are not yet 20 perfected. Plaintiffs and Defendant agree that this matter should not be litigated due to the 21 agreed-upon resolution. 7. 22 Therefore, Plaintiffs and Defendant stipulate and request that this Court retain 23 jurisdiction over the matter as it pertains to Defendant PLANT PRODUCTS & SUPPLY 24 COMPANY and INTERVENOR INSURERS ON BEHALF OF THEIR SUSPENDED 25 INSURED PLANT PRODUCTS & SUPPLY COMPANY, for an additional forty-five (45) 26 days. 27 28 1 STIPULATION TO EXTEND JURISDICTION OVER CONDITIONALLY DISMISSED DEFENDANT PLANT PRODUCTS & SUPPLY COMPANY and INTERVENOR INSURERS ON BEHALF OF THEIR SUSPENDED INSURED PLANT PRODUCTS & SUPPLY COMPANY [Case No. 4:22-cv-09058-HSG] 1 DATED: October 23, 2024 2 By: _______________________________ Rabiah N. Oral Attorney for Plaintiffs 3 4 5 Maune Raichle Hartley French & Mudd LLC DATED: October 23, 2024 6 BERKES CRANE SANTANA & SPANGLER LLP By: _______________________________ Viiu Spangler K. Lynn Finateri Silbiger Rebecca A. Bellow Attorney for Plant Products & Supply Company and Intervenor Insurers on Behalf of Their Suspended Insured Plant Products & Supply Company 7 8 9 10 11 12 13 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 14 above, and on whose behalf the filing is submitted, concur in the filing’s content and have 15 authorized the filing. 16 DATED: October 23, 2024 17 By: _______________________________ Rabiah N. Oral, Esq. Attorney for Plaintiffs 18 19 20 21 22 23 24 25 26 27 28 2 STIPULATION TO EXTEND JURISDICTION OVER CONDITIONALLY DISMISSED DEFENDANT PLANT PRODUCTS & SUPPLY COMPANY and INTERVENOR INSURERS ON BEHALF OF THEIR SUSPENDED INSURED PLANT PRODUCTS & SUPPLY COMPANY [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 PLANT PRODUCTS & SUPPLY COMPANY and 6 INTERVENOR INSURERS ON BEHALF OF THEIR SUSPENDED INSURED PLANT 7 PRODUCTS & SUPPLY COMPANY are to be perfected within forty-five (45) days of this 8 order. The Court retains jurisdiction over the matter as it pertains to Defendant PLANT 9 PRODUCTS & SUPPLY COMPANY and INTERVENOR INSURERS ON BEHALF OF 10 THEIR SUSPENDED INSURED PLANT PRODUCTS & SUPPLY COMPANY, for forty-five 11 (45) days from the date of this order. 12 13 IT IS SO ORDERED. 14 15 16 DATED: 10/24/2024 __________________________________ Hon. Haywood S. Gilliam, Jr. UNITED STATES DISTRICT COURT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 3 STIPULATION TO EXTEND JURISDICTION OVER CONDITIONALLY DISMISSED DEFENDANT PLANT PRODUCTS & SUPPLY COMPANY and INTERVENOR INSURERS ON BEHALF OF THEIR SUSPENDED INSURED PLANT PRODUCTS & SUPPLY COMPANY [Case No. 4:22-cv-09058-HSG]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?