Pacific Gas & Electric Company v. Simon Property Group, Inc. et al

Filing 25

STIPULATION AND ORDER re 24 Stipulated Settlement Agreement and [Proposed] Order of Dismissal filed by Pacific Gas & Electric Company. Signed by Magistrate Judge Howard R. Lloyd on 10/23/2013. (hrllc1, COURT STAFF) (Filed on 10/23/2013)

*E-Filed: October 23, 2013*
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LAW OFFICES OF DAWN CEIZLER
DAWN CEIZLER, Bar No. 214873
1990 N. California Blvd., Suite 305
Walnut Creek, CA 94596
Telephone: [phone]
Facsimile: [phone]
Attorney for Plaintiff
Pacific Gas and Electric Company

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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PACIFIC GAS AND ELECTRIC
COMPANY, a California Company
Plaintiff.
vs.
SIMON PROPERTY GROUP, INC. and
DOES 1-10, inclusive,
Defendants.

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Case No. CV13-1043-HRL

STIPULATED SETTLEMENT
AGREEMENT AND [PROPOSED]
ORDER OF DISMISSAL

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Pursuant to Civil L.R. 7-12, this Stipulated Settlement Agreement is entered into by and

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between Plaintiff Pacific Gas and Electric Company ("PG&E") and Defendant Simon Property

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Group, Inc. ("Simon").

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WHEREAS, on January 28, 2013 PG&E filed a complaint in the Superior Court of

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California, Contra Costa County which was removed by Simon to this Court on March 7, 2013

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alleging damage to certain PG&E property due to a leak in a water line at The Great Mall in

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Milpitas, California on or about October 3, 2010 (the "Complaint").

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WHEREAS, PG&E and Simon, through their authorized representatives and without any

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admission or fmal adjudication of the issues of fact or law with respect to PG&E' s claims, have

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reached a settlement that they consider to be a just, fair, adequate, and equitable resolution of the

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disputes set forth in the Complaint.

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- 1STIPULATED SETTLEMENT AGREEMENT AND [PROPOSED] ORDER RE DISMISSAL CV13-1043-HRL

NOW, THEREFORE, IT IS STIPULATED BY AND BETWEEN THE PARTIES AS
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FOLLOWS:
1. Simon shall pay PG&E a sum certain as full satisfaction of any and all claims alleged in

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the Complaint as set forth more fully in a Settlement Agreement prepared and executed by the

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parties.

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2. In exchange for the payment described above, PG&E will dismiss all of its claims
contained in the Complaint against Simon.

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3. In the event of an action to enforce any of the provisions of the Settlement Agreement,

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the prevailing party shall be entitled to recover from the other party its reasonable attorneys' fees,

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court costs and necessary disbursements incurred in connection with such action.
4. PG&E has asserted no personal injury claims in the Complaint and there is no need to
notify Medicare or any other lienholder of the settlement reached between the parties.
5. Upon approval of this agreement by the Court, all counts of PG&E' s Complaint shall be

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dismissed with prejudice. The parties hereby stipulate and respectfully request that the Court

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retain jurisdiction to oversee compliance with the terms of this Agreement and to resolve any

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motions to modify such terms.

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Dated: October

/5, 2013
amuel S. Baxter, Esq.
Counsel for Defendant Simon Property Group, Inc.

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Dated: October tS , 2013

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- 2STIPULATED SETTLEtvffiNT AGREEMENT AND [PROPOSED] ORDER RE DISMISSALCV13-1043-HRL

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The Court having been notified of the settlement of this action, and it appearing that no
issue remains for the Court's determination,
IT IS HEREBY ORDERED THAT this action and all claims asserted herein are

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DISMISSED with prejudice. In the event that the settlement is not perfected, any party may move

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to reopen the case and the trial will be rescheduled, provided that such motion is filed within 35

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days of this order. All scheduled dates, including the trial and pretrial dates, are VACATED.

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IT IS SO ORDERED

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Dated: October_, 20 13
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Howard R. Lloyd
United States Magistrate Judge

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-3STIPULATED SETILEMENT AGREEMENT AND [PROPOSED] ORDER RE DISMISSAL CV13-1043-HRL