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)
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?