Schlumberger Technology Corporation, Inc v. East Charleston, Inc et al

Filing 276

Order by Hon. Lucy H. Koh granting 274 Stipulation Mutually Dismissing STC/NSM, ECI/PAMCO and Great American's Claims Agaisnt Each Other Without Prejudice.(lhklc2, COURT STAFF) (Filed on 6/26/2013)

Case5:11-cv-02587-LHK Document274 Filed06/26/13 Page1 of 4

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GREBEN & ASSOCIATES
125 E. DE LA GUERRA ST., STE 203
SANTA BARBARA, CA 93101
TEL: [phone]
FAX: [phone]

Jan A. Greben, SBN 103464
[e-mail]
Brett A. Boon, SBN 283225
[e-mail]
Attorneys for Defendants EAST CHARLESTON, INC. and
PACIFIC AMERICAN MANAGEMENT COMPANY

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SCHLUMBERGER TECHNOLOGY
CORPORATION, INC., a Texas Corporation;

STIPULATION AND [PROPOSED]
ORDER MUTUALLY DISMISSING
STC/NSM, ECI/PAMCO AND GREAT
AMERICAN’S CLAIMS AGAINST EACH
OTHER WITHOUT PREJUDICE

Plaintiff,

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Case No.: 5:11-CV-02587-LHK

v.

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EAST CHARLESTON, INC., a California
Corporation, and PACIFIC AMERICAN
MANAGEMENT COMPANY, a California
Limited Liability Corporation;

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Defendants.

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RELATED CROSS AND COUNTER-CLAIMS

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IT IS HEREBY STIPULATED by and between Plaintiff Schlumberger Technology

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Corporation, Inc. and Third Party Defendant National Semiconductor (Maine), Inc. (“STC/NSM”),

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Defendants East Charleston, Inc. and Pacific American Management Company (“ECI/PAMCO”),

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and Third Party Defendant Advalloy, Inc. by and through Intervenor Great American Insurance

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Company of New York (“Great American”) (collectively, the “Parties”), by and through their

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respective counsel, having entered into settlement agreements that resolve all causes of action

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asserted by the Parties against each other in this action:
-1STIPULATED DISMISSAL AND ORDER

5:11-CV-02587-LHK

Case5:11-cv-02587-LHK Document274 Filed06/26/13 Page2 of 4

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Pursuant to the Court's Status Conference Order of June 25, 2013 (Document 271) and Rule
41(a)(2) and (c), the Parties hereby stipulate and agree as follows:
1. STC/NSM and ECI/PAMCO hereby mutually dismiss all of their respective claims pled in
the above captioned case against each other WITHOUT PREJUDICE;
2. STC/NSM and Great American hereby mutually dismiss all of their respective claims pled in
the above captioned case against each other WITHOUT PREJUDICE;
3. ECI/PAMCO and Great American hereby mutually dismiss all of their respective claims pled
in the above captioned case against each other WITHOUT PREJUDICE;
4. The foregoing dismissals are voluntary and shall not operate as an adjudication on the merits
under Rule 41 of the Federal Rules of Civil Procedure;
5. Each, STC/NSM, ECI/PAMCO and Great American, will bear its own costs, attorneys’ fees
and expenses; and
6. This Court shall retain jurisdiction over the Parties for the purposes of enforcing the

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settlement agreements reached by and/or between STC/NSM, ECI/PAMCO and/or Great

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American in the above captioned case.

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Dated: June 26, 2013

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BARG COFFIN LEWIS & TRAPP LLP
/s/ J. Tom Boer
J. Tom Boer
Estie M. Kus
Nicole M. Martin
Attorneys for Plaintiff SCHLUMBERGER
TECHNOLOGY CORPORATION, INC. and ThirdParty Defendant NATIONAL SEMICONDUCTOR
(MAINE), INC.

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Dated: June 26, 2013

GREBEN & ASSOCIATES

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/s/ Jan A. Greben
Jan A. Greben
Brett A. Boon
Attorneys for Defendants EAST CHARLESTON,
INC., a California Corporation, and PACIFIC
AMERICAN MANAGEMENT COMPANY, a
California Limited Liability Corporation

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-2STIPULATED DISMISSAL AND ORDER

5:11-CV-02587-LHK

Case5:11-cv-02587-LHK Document274 Filed06/26/13 Page3 of 4

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Dated: June 26, 2013

WOOD, SMITH, HENNING & BERMAN LLP

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_/s/ Emil A. Macasinag___________________
DAVID F. WOOD
EMIL A. MACASINAG
JON-ERIK W. MAGNUS
Attorneys for Third Party Defendant
Advalloy, Inc. by and through Intervenor
Great American Insurance Company of New York

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-3STIPULATED DISMISSAL AND ORDER

5:11-CV-02587-LHK

Case5:11-cv-02587-LHK Document274 Filed06/26/13 Page4 of 4

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[PROPOSED] ORDER

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The Parties having stipulated and agreed, and good cause appearing, IT IS HEREBY

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ORDERED THAT:
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1.

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pled in the above captioned case against each other WITHOUT PREJUDICE;
2.

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3.

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The foregoing dismissals are voluntary and shall not operate as an adjudication on the

merits under Rule 41 of the Federal Rules of Civil Procedure; and
5.

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ECI/PAMCO and Great American hereby mutually dismiss all of their respective

claims pled in the above captioned case against each other WITHOUT PREJUDICE;

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STC/NSM and Great American hereby mutually dismiss all of their respective claims

pled in the above captioned case against each other WITHOUT PREJUDICE;

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STC/NSM and ECI/PAMCO hereby mutually dismiss all of their respective claims

Each, STC/NSM, ECI/PAMCO and Great American, shall bear its own costs,

attorneys’ fees and expenses.

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IT IS FURTHER ORDERED that the Court shall retain jurisdiction over the Parties for the

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purposes of enforcing the settlement agreements reached by and/or between STC/NSM,

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ECI/PAMCO and/or Great American in the above captioned case.

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Date:

June 26, 2013

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HON. LUCY H. KOH, JUDGE FOR THE
UNITED STATES DISTRICT COURT

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-4STIPULATED DISMISSAL AND ORDER

5:11-CV-02587-LHK