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

Filing 69

ORDER by Judge Lucy H. Koh granting 68 Stipulation (lhklc2, COURT STAFF) (Filed on 5/3/2012)

Case5:11-cv-02587-LHK Document68 Filed04/30/12 Page1 of 21

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GREBEN & ASSOCIATES
125 E DE LA GUERRA ST, SUITE 203
SANTA BARBARA, CA 93101
TELEPHONE: [phone]
FACSIMILE: [phone]

4 Jan A. Greben, SBN 103464
[e-mail]
5 Jeff Coyner, SBN 233499
[e-mail]
6 Danielle De Smeth, SBN 263309
[e-mail]
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8 Attorneys for Defendant East Charleston, Inc. and
Defendant Pacific American Management Company
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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SCHLUMBERGER TECHNOLOGY
CORPORATION, INC., a Texas corporation

Case No. 5:11-cv-2587 LHK

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Plaintiff,
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STIPULATION TO DISMISS THIRD
PARTY DEFENDANT FAIRCHILD
SEMICONDUCTOR CORPORATION
AND ADD FAIRCHILD CAMERA AND
INSTRUMENT CORPORATION AS A
THIRD PARTY DEFENDANT TO
THIRD PARTY COMPLAINT

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

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[PROPOSED ORDER]
Defendants.

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AND RELATED COUNTER, CROSS AND
THIRD PARTY ACTIONS

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STIPULATION TO DISMISS FAIRCHILD SEMICONDUCTOR
5:11-CV-2587 LHK

Case5:11-cv-02587-LHK Document68 Filed04/30/12 Page2 of 21

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IT IS HEREBY STIPULATED AND AGREED by and between all parties to the

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action through their respective counsel of record as follows:

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1.

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COMPANY ("PAMCO") filed a Third Party Complaint against Third Party Defendant

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FAIRCHILD SEMICONDUCTOR CORPORATION ("New Fairchild") on August 23, 2011.

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Advalloy, Inc., filed crossclaims against New Fairchild on February 3, 2012.

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2.

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PAMCO's first set of special interrogatories, "the incorrect Fairchild has been named and served

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via ECI's and PAMCO's third-party complaint. Since the New Fairchild did not lease the Site

EAST CHARLESTON, INC. ("ECI") and PACIFIC AMERICAN MANAGEMENT

As explained in Schlumberger Technology Corporation's ("Plaintiff") responses to

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and was not, in fact, incorporated until 1997, it has extremely limited information about the

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matters alleged in the third-party complaint and is not an appropriate defendant in this action."

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3.

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and PAMCO to amend their complaint to allege claims against the successor to the Fairchild

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entity that operated at the property at issue in this litigation - a Delaware corporation known as

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National Semiconductor (Maine), Inc. - as stated in the proposed First Amended Third Party

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Complaint attached as Exhibit "A."

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4.

Based upon the new information provided by Plaintiff, the parties stipulate to permit ECI

Accordingly, the parties hereto stipulate as follows:

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A. New Fairchild shall be entirely dismissed from this Action without prejudice;

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B. Counterclaims filed by New Fairchild in this action shall be dismissed without

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prejudice;
C. ECI and PAMCO may file the First Amended Third Party Complaint attached as

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Exhibit "A" against National Semiconductor (Maine), Inc., as the successor to Fairchild Camera

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and Instrument Corporation and Fairchild Semiconductor Corporation;

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D. Following filing of the First Amended Third Party Complaint attached as Exhibit

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"A," the new third-party defendant National Semiconductor (Maine), Inc., shall have twenty

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(20) days to file an answer and any compulsory counterclaim or crossclaim.

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STIPULATION TO DISMISS FAIRCHILD SEMICONDUCTOR
5:11-CV-2587 LHK

Case5:11-cv-02587-LHK Document68 Filed04/30/12 Page3 of 21

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IT IS SO STIPULATED.

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Dated: April 27, 2012

BARG COFFIN LEWIS & TRAPP

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/s/ Tom Boer

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J. THOMAS BOER
Attorneys for Plaintiff and Counter-Defendant
SCHLUMBERGER TECHNOLOGY
CORPORATION, INC. and Third Party Defendant
FAIRCHILD SEMICONDUCTOR
CORPORATION

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Dated: April 27, 2012

GREBEN & ASSOCIATES

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/s/ Jan A. Greben
JAN A. GREBEN
JEFF COYNER
DANIELLE DE SMETH
Attorneys for Defendants and Third Party Plaintiffs
East Charleston, Inc. and Pacific American
Management Company

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Dated: April 27, 2012

WOOD, SMITH, HENNING & BERMAN LLP

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/s/ David F. Wood

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DAVID F. WOOD
JON-ERIK W. MAGNUS
Attorneys for Third Party Defendant and
Counter-Claimant, ADVALLOY, INC. by and
throughIntervener GREAT AMERICAN
INSURANCE COMPANY OF NEW YORK

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IT IS SO ORDERED.

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May 3, 2012
Dated: _________________

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HONORABLE LUCY H. KOH
UNITED STATES DISTRICT JUDGE
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STIPULATION TO DISMISS FAIRCHILD SEMICONDUCTOR
5:11-CV-2587 LHK