Santa Clara Valley Water District v. Olin Corporation

Filing 302

STIPULATION AND ORDER 301 of Dismissal. Signed by Judge Ronald M. Whyte on 6/23/10. (jg, COURT STAFF) (Filed on 6/24/2010)

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BINGHAM MCCUTCHEN LLP Christopher P. Berka (SBN 94911) [e-mail] Holly Pearson (SBN 226523) [e-mail] 1900 University Avenue East Palo Alto, CA 94303-2223 Telephone: [phone] Facsimile: 650.849.4800 Attorneys for Plaintiff SANTA CLARA VALLEY WATER DISTRICT MORGAN, LEWIS & BOCKIUS LLP Michael E. Molland (SBN 111830) [e-mail] Benjamin P. Smith (SBN 197551) [e-mail] Aaron S. Dutra (SBN 216971) [e-mail] One Market, Spear Street Tower San Francisco, CA 94105 Telephone: [phone] Facsimile: 415.442.1001 CREECH, LIEBOW & KRAUS Randall C. Creech (SBN 65542) [e-mail] 333 West San Carlos Street, Suite 1600 San Jose, CA 95110 Telephone: [phone] Facsimile: 408.993.1335 Attorneys for Defendant OLIN CORPORATION

*E-FILED - 6/24/10*

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION SANTA CLARA VALLEY WATER DISTRICT, v. Plaintiff, No. C07-03756 RMW STIPULATION OF DISMISSAL

OLIN CORPORATION; and DOES 1-10, inclusive, Defendants. AND RELATED COUNTERCLAIM

A/73401638.1/3005231-0000321690

STIPULATION OF DISMISSAL C07-03756 RMW

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The Santa Clara Valley Water District (the "District") and Olin Corporation ("Olin"), stipulate to the following: WHEREAS, on July 20, 2007, the District filed a Complaint against Olin in this

WHEREAS, on October 18, 2007, the District filed a First Amended Complaint; WHEREAS, on November 1, 2007, Olin filed a Counterclaim against the District; WHEREAS, on March 16, 2009, Olin filed a First Amended Counterclaim. IT IS HEREBY STIPULATED by and between the parties to this action through their designated counsel that Case No. C07-03756 RMW, in its entirety, including the Complaint, First Amended Complaint, Counterclaim, and First Amended Counterclaim, be and hereby is dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1). Each party will bear its own costs and attorneys' fees. DATED: June 8, 2010 Bingham McCutchen LLP

By:

/s/Christopher P. Berka Christopher P. Berka Attorneys for Plaintiff SANTA CLARA VALLEY WATER DISTRICT

DATED: June 8, 2010 Creech, Liebow & Kraus

By:

/s/Randall C. Creech Randall C. Creech Attorneys for Defendant OLIN CORPORATION

A/73401638.1/3005231-0000321690

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STIPULATION OF DISMISSAL C07-03756 RMW

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PURSUANT TO STIPULATION, IT IS SO ORDERED. 6/23 DATED: _____________, 2010

THE HONORABLE RONALD M. WHYTE UNITED STATES DISTRICT COURT JUDGE

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STIPULATION OF DISMISSAL C07-03756 RMW

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CERTIFICATION BY CHRISTOPHER P. BERKA PURSUANT TO GENERAL ORDER NO. 45, SECTION X. RE E-FILING ON BEHALF OF MULTIPLE SIGNATORIES 1. I am a lawyer licensed to practice law in the State of California, and am a partner

in the law firm of Bingham McCutchen LLP, counsel for Plaintiff Santa Clara Valley Water District. The statements herein are made on my personal knowledge, and if called as a witness I could and would testify thereto. 2. The above e-filed document contains multiple signatures. I declare that

concurrence has been obtained from each of the other signatories to file this jointly prepared document with the Court. Pursuant to General Rule No. 45, I shall maintain records to support this concurrence for subsequent production for the Court if so ordered, or for inspection upon request by a party until one year after final resolution of the action (including appeal, if any). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct on June 8, 2010.

/s/ Christopher P. Berka Christopher P. Berka

A/73401638.1/3005231-0000321690

CV 08-04703 SI

STIPULATION AND ORDER DISMISSING COMPLAINT