McKee & Company Electric, Inc. v. Swinerton Builders, Inc.

Filing 31

JOINT STIPULATION FOR DISMISSAL WITH PREJUDICE; ORDER THEREON by Judge Jon S. Tigar re 30 STIPULATION WITH PROPOSED ORDER to DISMISS with PREJUDICE. (dms, COURT STAFF) (Filed on 3/7/2025)

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Andrew Alexander Dósa (State Bar #113106)
Law Offices of Andrew Dósa
1516 Oak Street, Suite 220
Alameda, California 94501
T:
510-865-1600
Fax: [phone]
E-mail: [e-mail]

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Attorney for Plaintiff McKee and Company Electric, Inc.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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MCKEE & COMPANY ELECTRIC, INC.,

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Plaintiff,

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Case No.: 24-cv-05819-JST

v.
GECMS, INC. dba GIRON
CONSTRUCTION, a California corporation;
SWINERTON BUILDERS, INC., a California
corporation; FIDELITY AND DEPOSIT
COMPANY OF MARYLAND; ZURICH
AMERICAN INSURANCE COMPANY;
LIBERTY MUTUAL INSURANCE
COMPANY; and DOES 1-50,

JOINT STIPULATION FOR
DISMISSAL WITH PREJUDICE;
[PROPOSED] ORDER THEREON

Defendants.

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Pursuant to Federal Rule Civil Procedure 41(a)(1)(A)(ii), Plaintiff MCKEE &

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COMPANY ELECTRIC, INC., and Defendants GECMS, INC. dba GIRON

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CONSTRUCTION, SWINERTON BUILDERS, INC., FIDELITY AND DEPOSIT

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COMPANY OF MARYLAND, ZURICH AMERICAN INSURANCE COMPANY, and

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LIBERTY MUTUAL INSURANCE COMPANY, by and through their respective counsel,

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hereby stipulate and agree to dismiss this action with prejudice in its entirety, with each

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party to bear its own attorney’s fees and costs incurred in this action.
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JOINT STIPULATION FOR DISMISSAL WITH PREJUDICE; AND
[PROPOSED] ORDER THEREON

CASE NO. 24-CV-05819-JST

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Dated: March 4, 2025

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LAW OFFICES OF ANDREW DOSA
By:

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Dated: March 4, 2025

LAST, FAORO & WHITEHORN
By:

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Dated: March 4, 2025

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By:

Dated: March 4, 2025

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/s/ Nicholas A. Merrell
Nicholas A. Merrell
Attorneys for Defendant,
SWINERTON BUILDERS, INC.
WOLKIN • CURRAN, LLP

By:

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/s/ Patrick J. Whitehorn
Patrick J. Whitehorn
Attorneys for Defendant,
GECMS, INC. dba GIRON CONSTRUCTION
VARELA, LEE, METZ & GUARINO, LLP

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/s/ Andrew A. Dosa
Andrew A. Dosa
Attorneys for Plaintiff,
MCKEE & COMPANY ELECTRIC, INC.

/s/ James D. Curran
James D. Curran
Attorneys for Defendants,
FIDELITY AND DEPOSIT COMPANY OF
MARYLAND; ZURICH AMERICAN INSURANCE
COMPANY; and LIBERTY MUTUAL INSURANCE
COMPANY

ATTESTATION (CIVIL LOCAL RULE 5-1(i)(3))

I attest under penalty of perjury under the laws of the United States of America that,
in accordance with Local Rule 5-1(i)(3) of the United States District Court, Northern
District of California, I obtained the concurrence for the filing of this document from
counsel for Defendant GECMS, INC. dba GIRON CONSTRUCTION, Patrick J. Whitehorn;
Defendant SWINERTON BUILDERS, INC., Nicholas A. Merrell; and Defendants
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, ZURICH AMERICAN
INSURANCE COMPANY, and LIBERTY MUTUAL INSURANCE COMPANY, James
D. Curran.
Dated: March 4, 2025

LAW OFFICES OF ANDREW DOSA
By:

/s/ Andrew A. Dosa
Andrew A. Dosa
Attorneys for Plaintiff,
MCKEE & COMPANY ELECTRIC, INC.
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JOINT STIPULATION FOR DISMISSAL WITH PREJUDICE; AND
[PROPOSED] ORDER THEREON

CASE NO. 24-CV-05819-JST

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[PROPOSED] ORDER

In consideration of the Joint Stipulation for Dismissal with prejudice in its entirety

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signed by counsel for all parties, and good cause appearing, the above-entitled matter is

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hereby dismissed with prejudice in its entirety, with each party to bear its own attorney’s

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fees and costs incurred in this action.

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IT IS SO ORDERED.

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7 2025
Dated: March ___,

Honorable Jon S. Tigar

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3.

JOINT STIPULATION FOR DISMISSAL WITH PREJUDICE; AND
[PROPOSED] ORDER THEREON

CASE NO. 24-CV-05819-JST