Tyco Thermal Controls, LLC v. Redwood Industrials et al

Filing 241

STIPULATION AND ORDER OF DISMISSAL OF DEFENDANTS/CROSS-DEFENDANTS/CROSS-COMPLAINANTS re 239 . Signed by Judge Jeremy Fogel on 9/13/10. (dlm, COURT STAFF) (Filed on 9/20/2010)

Tyco Thermal Controls, LLC v. Redwood Industrials et al

Doc. 241

1 GLENN A. FRIEDMAN, SBN 10442 2 PAUL A. DESROCHERS, SBN 214855 3 LEWIS BRISBOIS BISGAARD & SMITH LLP 4 San Francisco, CA 94104 5 Fax:
Tel: [phone].434.0882 One Sansome St., Suite 1400 E-Mail: [e-mail] E-Mail: [e-mail]

6 Attorneys for Defendants, Cross-Defendants and 7 CARLISLE CORPORATION, TENSOLITE
COMPANY (sued erroneously herein as

Cross-Complainants CARLISLE COMPANIES INC.,

8 TENSOLITE INSULATED WIRE PACIFIC 9 WIRE COMPANY 10
LEWIS BRISBOIS BISGAARD & SMITH LLP

DIVISION, INC.) and TENSOLITE INSULATED UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION TYCO THERMAL CONTROLS, LLC, Plaintiff, v. REDWOOD INDUSTRIALS, et al., Defendants. ____________________________________ AND RELATED COUNTER AND CROSS-ACTIONS CASE NO. C 06 07164 JF RS STIPULATION AND ORDER ---R--------ED] OF DISMISSAL OF [P--OPOS----DEFENDANTS/CROSS-DEFENDANTS/ CROSS-COMPLAINANTS CARLISLE COMPANIES INC., CARLISLE CORPORATION, TENSOLITE COMPANY (sued erroneously herein as TENSOLITE INSULATED WIRE PACIFIC DIVISION, INC.) AND TENSOLITE INSULATED WIRE COMPANY AND DEFENDANTS/ CROSS-DEFENDANTS /CROSSCOMPLAINANTS/COUNTERCLAIMANTS REDWOOD INDUSTRIALS, LAVERNE E. DOOLITTLE, EMILE K. DOOLITTLE, MASHA LAMPERT, AUDREY LAMPERT, MORRIS M. GRUPP, ANNA M. GRUPP, AND ROLAND LAMPERT Federal Rules of Civil Procedure, Rule 41(a)(2) Trial Date: Action Filed: No Trial Set 11/17/06

11
ONE SANSOME STREET, SUITE 1400 SAN FRANCISCO, CALIFORNIA 94104 TELEPHONE [phone]

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Pursuant to Federal Rules of Civil Procedure, Rule 41(a)(2), Plaintiff /Counter-Defendant TYCO THERMAL CONTROLS, LLC (hereinafter "TYCO THERMAL"); Defendants/Cross4848-7821-7735.1

1 STIPULATION AND ORDER [PROPOSED] OF DISMISSAL OF CARLISLE AND REDWOOD DEFENDANTS

Dockets.Justia.com

1 Defendants/Cross-Complainants CARLISLE COMPANIES INC., CARLISLE CORPORATION, 2 TENSOLITE COMPANY (sued erroneously herein as TENSOLITE INSULATED WIRE PACIFIC 3 DIVISION, INC.) and TENSOLITE INSULATED WIRE COMPANY (collectively hereinafter 4 "CARLISLE"); Defendants/Cross-Defendants/Cross-Complainants/Counter-Claimants REDWOOD 5 INDUSTRIALS, LAVERNE E. DOOLITTLE, EMILE K. DOOLITLE, MASHA LAMPERT, 6 AUDREY LAMPERT, MORRIS M. GRUPP, ANNA M. GRUPP, and ROLAND LAMPERT 7 (collectively hereinafter "REDWOOD"); and Defendant/Cross-Defendant/Cross-Complainant/Counter8 Claimant ROWE INDUSTRIES, INC. (as alleged successor in interest to defendants COLEMAN 9 CABLE & WIRE CO., PACIFIC TRANSFORMER CO., HILL MAGNETICS, INC. and HILL 10 INDUSTRIES, INC.) (collectively hereinafter "ROWE") hereby stipulate, with a request for Court
LEWIS BRISBOIS BISGAARD & SMITH LLP

11 approval, as follows:
ONE SANSOME STREET, SUITE 1400 SAN FRANCISCO, CALIFORNIA 94104 TELEPHONE [phone]

12

WHEREAS TYCO THERMAL and CARLISLE have reached a settlement of the claims

13 alleged by TYCO THERMAL as against CARLISLE, which has been reduced to writing, executed by 14 the parties, and fully funded by CARLISE; 15
WHEREAS TYCO THERMAL and REDWOOD have reached a settlement of the claims

16 alleged by TYCO THERMAL as against REDWOOD, which has been reduced to writing, executed by 17 the parties, and fully funded by REDWOOD; 18
WHEREAS CARLISLE and REDWOOD brought motions seeking approval of their

19 respective settlements pursuant to California Code of Civil Procedure § 877.6 and orders barring 20 contribution, indemnity, and other claims pursuant to CERCLA and the Uniform Comparative Fault 21 Act ("UCFA"), 12 U.L.A. 147 1996; and 22
WHEREAS the Court issued an Order on 8/12/10 granting CARLISLE's and REDWOOD'S

23 motions, approving the settlements, and barring contribution and indemnity claims against CARLISLE 24 and REDWOOD. 25
TYCO THERMAL hereby dismisses, with prejudice, its operative complaint and all causes of

26 action therein as against CARLISLE and REDWOOD. 27
CARLISLE hereby dismisses with prejudice, its operative cross-complaint and all causes of

28 action therein as against TYCO THERMAL, REDWOOD and ROWE.
4848-7821-7735.1

2 STIPULATION AND ORDER [PROPOSED] OF DISMISSAL OF CARLISLE AND REDWOOD DEFENDANTS

1

REDWOOD hereby dismisses with prejudice, its operative cross-complaint and counterclaim

2 and all causes of action therein as against TYCO THERMAL, CARLISLE and ROWE. 3
ROWE hereby dismisses with prejudice, its operative cross-complaint and all causes of action

4 therein as against CARLISLE and REDWOOD. 5
Each party to bear its own costs and attorneys' fees.

6 IT IS SO STIPULATED: 7 Dated: September 10, 2010 8 9 10
LEWIS BRISBOIS BISGAARD & SMITH LLP

STANZLER LAW GROUP By /S/ Jordan S. Stanzler Jordan S. Stanzler, Esq. Attorneys for Plaintiff TYCO THERMAL CONTROLS, LLC LEWIS BRISBOIS BISGAARD & SMITH LLP By: /S/ Paul A. Desrochers Paul A. Desrochers, Esq. Attorneys for Defendants/Cross-Defendants/Counter-Claimants CARLISLE COMPANIES INC., CARLISLE CORPORATION, TENSOLITE COMPANY (sued erroneously herein as TENSOLITE INSULATED WIRE PACIFIC DIVISION, INC.) and TENSOLITE INSULATED WIRE COMPANY LAW OFFICE OF MARGARET DOLLBAUM By: /S/ Margaret R. Dollbaum Margaret R. Dollbaum, Esq. Attorneys for Defendants/Cross-Defendants/Counter-Claimants REDWOOD INDUSTRIALS, ROLAND LAMPERT and AUDREY LAMPERT GORDON & REES LLP By: /S/ Mordecai D. Boone Mordecai D. Boone, Esq. Attorneys for Defendants/Counter-Claimants ROWE INDUSTRIES, INC.

11 Dated: September 10, 2010
ONE SANSOME STREET, SUITE 1400 SAN FRANCISCO, CALIFORNIA 94104 TELEPHONE [phone]

12 13 14 15 16 17 Dated: September 10, 2010 18 19 20 21 22 23 24 25
Dated: September 10, 2010

26 signatures for any signatures indicated by a "conformed" signature (/S/) within this e-filed document. 27 28
4848-7821-7735.1

Pursuant to General Order 45, section X.B., I hereby attest that I have on file all holograph /S/ Paul A. Desrochers Paul A. Desrochers

3 STIPULATION AND ORDER [PROPOSED] OF DISMISSAL OF CARLISLE AND REDWOOD DEFENDANTS

1 2

ORDER The parties having stipulated to the dismissal of the complaint, counter-claims and cross-

3 complaints as to Defendants/Cross-Defendants/Cross-Complainants CARLISLE COMPANIES INC., 4 CARLISLE CORPORATION, TENSOLITE COMPANY (sued erroneously herein as TENSOLITE 5 INSULATED WIRE PACIFIC DIVISION, INC.) and TENSOLITE INSULATED WIRE COMPANY 6 and Defendants/Cross-Defendants/Cross-Complainants/Counter-Claimants REDWOOD 7 INDUSTRIALS, LAVERNE E. DOOLITTLE, EMILE K. DOOLITTLE, MASHA LAMPERT, 8 AUDREY LAMPERT, MORRIS M. GRUPP, ANNA M. GRUPP, and ROLAND LAMPERT. 9
IT IS ORDERED that TYCO THERMAL's Complaint herein as to Defendants CARLISLE

10 COMPANIES INC., CARLISLE CORPORATION, TENSOLITE COMPANY (sued erroneously
LEWIS BRISBOIS BISGAARD & SMITH LLP

11 herein as TENSOLITE INSULATED WIRE PACIFIC DIVISION, INC.), TENSOLITE INSULATED
ONE SANSOME STREET, SUITE 1400 SAN FRANCISCO, CALIFORNIA 94104 TELEPHONE [phone]

12 WIRE COMPANY, REDWOOD INDUSTRIALS, LAVERNE E. DOOLITTLE, EMILE K. 13 DOOLITTLE, MASHA LAMPERT, AUDREY LAMPERT, MORRIS M. GRUPP, ANNA M. 14 GRUPP, and ROLAND LAMPERT is dismissed, with prejudice, each party to bear its own costs. 15
IT IS ORDERED that the Cross-Complaint brought by CARLISLE COMPANIES INC.,

16 CARLISLE CORPORATION, TENSOLITE COMPANY (sued erroneously herein as TENSOLITE 17 INSULATED WIRE PACIFIC DIVISION, INC.), and TENSOLITE INSULATED WIRE 18 COMPANY is dismissed, with prejudice, each party to bear its own costs. 19
IT IS ORDERED that the Cross-Complaint and Counter-Claim brought by REDWOOD

20 INDUSTRIALS, ROLAND LAMPERT and AUDREY LAMPERT is dismissed, with prejudice, each 21 party to bear its own costs. 22
IT IS ORDERED that the Cross-Complaint brought by ROWE INDUSTRIES as to Cross-

23 Defendants REDWOOD INDUSTRIALS, ROLAND LAMPERT and AUDREY LAMPERT is 24 dismissed, with prejudice, each party to bear its own costs. 25
9/_3 26 Dated: __1__________, 2010

27 28
4848-7821-7735.1

_____________________________________ United States District Court Judge
4 STIPULATION AND ORDER [PROPOSED] OF DISMISSAL OF CARLISLE AND REDWOOD DEFENDANTS