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

Filing 286

ORDER by Judge Lucy H. Koh granting 285 Stipulation of Dismissal Without Prejudice; finding as moot 209 Motion in Limine (lhklc2, COURT STAFF) (Filed on 7/3/2013)

Case5:11-cv-02587-LHK Document285 Filed07/02/13 Page1 of 4

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RICHARD C. COFFIN (State Bar No. 70562); [e-mail]
J. THOMAS BOER (State Bar No. 199563); [e-mail]
ESTIE M. KUS (State Bar No. 239523); [e-mail]
NICOLE M. MARTIN (State Bar No. 267230); [e-mail]
BARG COFFIN LEWIS & TRAPP, LLP
350 California Street, 22nd Floor
San Francisco, California 94104-1435
Telephone: [phone]
Fax: [phone]
Attorneys for Plaintiff
SCHLUMBERGER TECHNOLOGY CORPORATION, INC.
and Third Party Defendant
NATIONAL SEMICONDUCTOR (MAINE), INC.

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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,
Plaintiff,

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

Case No. CV 11-02587 LHK
STIPULATION AND [PROPOSED]
ORDER MUTUALLY DISMISSING
STC/NSM AND INTERVENOR
TRAVELERS CASUALTY AND
SURETY COMPANY CLAIMS
AGAINST EACH OTHER WITHOUT
PREJUDICE

Defendants.

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AND RELATED CASES

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STIPULATION AND [PROPOSED] ORDER MUTUALLY DISMISSING STC/NSM AND INTERVENOR TRAVELERS CASUALTY AND
SURETY COMPANY CLAIMS AGAINST EACH OTHER WITHOUT PREJUDICE
Case No. CV 11-02587 LHK
2699736.1

Case5:11-cv-02587-LHK Document285 Filed07/02/13 Page2 of 4

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STIPULATION AND [PROPOSED] ORDER MUTUALLY DISMISSING STC/NSM AND
INTERVENOR TRAVELERS CASUALTY AND SURETY COMPANY CLAIMS
AGAINST EACH OTHER WITHOUT PREJUDICE

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This Stipulation and [Proposed] Order dismissing claims without prejudice is filed jointly

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by Plaintiff Schlumberger Technology Corporation (“STC”), and third party defendants National

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Semiconductor (Maine), Inc. (“NSM”) and Intervenor Travelers Casualty and Surety Company

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(“Travelers”) f/k/a The Aetna Casualty and Surety Company as alleged Insurer of Suspended

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Corporation Third-Party Defendant Advalloy, Inc. (collectively, the “Parties”). The Parties, by

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and through their respective counsel, report to the Court that:

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1. The Parties have successfully entered into a confidential settlement agreement effective as

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of July 2, 2013 that resolves all causes of action asserted by the Parties against each other

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in this action;

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2. The Parties have exchanged electronic copies of the signature pages associated with their
settlement agreement as of July 2, 2013; and
3. With resolution of the claims between STC/NSM and Travelers, there are no further

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pending unresolved claims in this matter and it is appropriate for the Court to vacate the

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July 15 trial date and pretrial disclosure deadlines.

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IT IS HEREBY STIPULATED AND AGREED between the Parties, pursuant to the Court's

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Settlement Status Conference Order of June 25, 2013 (Docket No. 271) (“June 25 Order”) and

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the Federal Rules of Civil Procedure Rule 41(a)(2) and (c), as follows:

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1. STC/NSM and Travelers hereby mutually dismiss all of their respective claims pled in the
above captioned case against each other WITHOUT PREJUDICE;
2. This Court shall retain jurisdiction over the Parties for the purposes of enforcing the

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settlement agreement reached by and/or between STC/NSM and Travelers in the above

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captioned case;

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3. The foregoing dismissal is voluntary and shall not operate as an adjudication on the merits
under Rule 41 of the Federal Rules of Civil Procedure;

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4. The Parties shall bear their own costs, attorneys’ fees and expenses;

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5. In light of the resolution of the claims between STC/NSM and Travelers, it is appropriate 1
STIPULATION AND [PROPOSED] ORDER MUTUALLY DISMISSING STC/NSM AND INTERVENOR TRAVELERS CASUALTY AND
SURETY COMPANY CLAIMS AGAINST EACH OTHER WITHOUT PREJUDICE
Case No. CV 11-02587 LHK
2699736.1

Case5:11-cv-02587-LHK Document285 Filed07/02/13 Page3 of 4

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for the Court to vacate the July 15 trial date and all of the associated pre-trial disclosure

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deadlines; and

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6. Consistent with the Court’s June 25 Order, the Parties shall file a dismissal with prejudice

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on or before August 8, 2013 unless a dispute arises in connection with the executed

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settlement agreement, in which case the Parties shall report to the Court as necessary.

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Respectfully Submitted,
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DATED: July 2, 2013

BARG COFFIN LEWIS & TRAPP, LLP

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By: /s/ J. THOMAS BOER
J. THOMAS BOER
Attorneys for Plaintiff Schlumberger Technology
Corporation, Inc. and Third Party Defendant National
Semiconductor (Maine), Inc.

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DATED: July 2, 2013

LEWIS BRISBOIS BISGAARD & SMITH LLP

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By: /s/ JOSEPH A. SALAZAR JR. (authorized July 2, 2013)
JOSEPH A. SALAZAR JR.
Attorneys for INTERVENOR TRAVELERS
CASUALTY AND SURETY COMPANY fka THE
AETNA CASUALTY AND SURETY COMPANY As
Alleged Insurer of Suspended Corporation Third-Party
Defendant ADVALLOY, INC.

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STIPULATION AND [PROPOSED] ORDER MUTUALLY DISMISSING STC/NSM AND INTERVENOR TRAVELERS CASUALTY AND
SURETY COMPANY CLAIMS AGAINST EACH OTHER WITHOUT PREJUDICE
Case No. CV 11-02587 LHK
2699736.1

Case5:11-cv-02587-LHK Document285 Filed07/02/13 Page4 of 4

[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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the above captioned case against each other WITHOUT PREJUDICE;

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2.

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and

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3.

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

STC/NSM and Travelers hereby mutually dismiss all of their respective claims plead in

Each, STC/NSM, and Travelers, shall bear their own costs, attorney's fees and expenses;

The July 15, 2013 trial date, and all associated pretrial deadlines, is hereby VACATED.

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purposes of enforcing the settlement agreement reached by or between STC/NSM and Travelers

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in the above captioned case.

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The Clerk shall close the file.

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July 2
Dated: ____________, 2013

_________________________________
HONORABLE LUCY H. KOH
UNITED STATES DISTRICT COURT

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STIPULATION AND [PROPOSED] ORDER MUTUALLY DISMISSING STC/NSM AND INTERVENOR TRAVELERS CASUALTY AND
SURETY COMPANY CLAIMS AGAINST EACH OTHER WITHOUT PREJUDICE
Case No. CV 11-02587 LHK
2699736.1