Gotham Insurance Company v. Shasta Technologies, LLC et al

Filing 187

STIPULATED SETTLEMENT AND ORDER DISMISSING CASE (granting 175 ). Signed by Judge Beth Labson Freeman on 10/13/2016. (blflc1S, COURT STAFF) (Filed on 10/13/2016)

1
2
3
4
5
6
7
8

OGLOZA FORTNEY LLP
Darius Ogloza (SBN 176983)
[e-mail]
David C. Fortney (SBN 226767)
[e-mail]
535 Pacific Avenue, Suite 201
San Francisco, California 94133
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants and Cross-Defendants
Shasta Technologies, LLC,
Calvin A. Knickerbocker, Jr.,
and Calvin A. Knickerbocker III

9
10
11
12
13
14
15

BAER & TROFF, LLP
Eric L. Troff (SBN 110031)
[e-mail]
35 N. Lake Avenue, Suite 670
Pasadena, California 91101
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants and Cross-Complainants
InstaCare Corp. and PharmaTech Solutions, Inc.

16

UNITED STATES DISTRICT COURT

17

FOR THE NORTHERN DISTRICT OF CALIFORNIA

18
19

GOTHAM INSURANCE COMPANY,

20

Plaintiff in Interpleader,

21
22
23
24
25
26

CASE NO. 5:13-cv-03810 BLF

STIPULATED SETTLEMENT AND
[PROPOSED] ORDER

v.
SHASTA TECHNOLOGIES, LLC; CALVIN
A. KNICKERBOCKER, III; CALVIN A.
KNICKERBOCKER, JR.; INSTACARE
CORP.; and PHARMATECH SOLUTIONS,
INC.,
Defendants in Interpleader.
AND RELATED COUNTER-CLAIM.

27
28

STIPULATED SETTLEMENT AND [PROPOSED] ORDER

1

Defendants and Cross-Defendants Shasta Technologies, LLC (“Shasta”), Calvin A.

2

Knickerbocker, Jr., and Calvin A. Knickerbocker, III, together with Defendants Decision

3

Diagnostics Corp., formerly known as InstaCare Corp., and PharmaTech Solutions, Inc.

4

(Decision Diagnostics Corp. and PharmaTech Solutions, Inc. together, “PharmaTech,” and all of

5

the above collectively, the “Parties”) state as follows:

6

WHEREAS, Plaintiff in Interpleader Gotham Insurance Company (“Gotham”) filed an

7

original complaint in interpleader on August 16, 2013, against Shasta and PharmaTech,

8

concerning the rights of Shasta and PharmaTech to proceeds of $578,733.58 under an intellectual

9

property defense reimbursement insurance policy issued by Gotham to Shasta;

10

WHEREAS, Gotham filed a First Amended Complaint on August 5, 2014, against Shasta

11

and PharmaTech and alleging additional claims against Calvin A. Knickerbocker, Jr. and Calvin

12

A. Knickerbocker, III;

13
14
15

WHEREAS, PharmaTech filed a cross-claim on August 5, 2014 against Shasta, Calvin A.
Knickerbocker, Jr. and Calvin A. Knickerbocker, III;
WHEREAS, all claims between Gotham, Shasta and the Knickerbockers were dismissed,

16

except for Gotham’s interpleader and declaratory relief claims as against both Shasta and

17

PharmaTech, and Gotham was dismissed from the action, pursuant to this Court’s Order dated

18

February 4, 2015;

19

WHEREAS, the disputed proceeds of $578,733.58 have been deposited with this Court;

20

WHEREAS, the Parties attended a settlement conference in this matter held on August

21
22

23, 2016, in front of Magistrate Judge Joseph C. Spero; and
WHEREAS, the Parties have reached agreement on the terms of a settlement, the terms

23

of which are set forth in this Stipulated Settlement, that they consider to be a just, fair, adequate

24

and equitable resolution of the issues in this case;

25

NOW, THEREFORE, THE PARTIES STIPULATE AS FOLLOWS:

26

1. That the Court enter an order disbursing the funds deposited by Gotham with the

27

Court in this interpleader action as follows: the amount of $201,500.00 shall be paid to the client

28

trust account of Baer & Troff LLP, to be held in trust for PharmaTech; and the balance of the
1
STIPULATED SETTLEMENT AND [PROPOSED] ORDER

1

interpleaded proceeds (approximately $377,233.58) shall be paid to the client trust account of

2

Ogloza Fortney LLP, to be held in trust for Shasta.

3
4

2. This case shall be dismissed in its entirety with prejudice, with each side to bear its
own costs.

5

3. Neither Shasta nor Calvin Knickerbocker, Jr. shall have any contact, directly or

6

indirectly, with any persons known by them to be shareholders of PharmaTech Solutions, Inc. or

7

Decision Diagnostics Corp., other than Keith Berman.

8

4. Shasta and Calvin Knickerbocker, Jr. agree that they shall not contact the United

9

States Food and Drug Administration with regard to the GenStrip or related diagnostic blood

10

glucose test strip products during the pendency of that certain action captioned PharmaTech

11

Solutions, Inc. v. Shasta Technologies, LLC, Case No. 56-2015-00466606-CU-BC-VTA,

12

Superior Court for the County of Ventura.

13
14
15

Dated: August 26, 2016

16

OGLOZA FORTNEY LLP

By:

17
18

/s/ David Fortney
David Fortney
Attorneys for Defendants and CrossDefendants Shasta Technologies, Inc.,
Calvin A. Knickerbocker, Jr. and Calvin
A. Knickerbocker, III

19
20
21
22

Dated: August 26, 2015

BAER & TROFF, LLP

23
24

By:

/s/ Eric Troff
Eric Troff

25
26
27

Attorneys for Defendants and CrossComplainants InstaCare Corp. and
PharmaTech Solutions, Inc.

28
2
STIPULATED SETTLEMENT AND [PROPOSED] ORDER

[PROPOSED] ORDER

1
2
3
4
5
6

PURSUANT TO STIPULATION, IT IS ORDERED that the settlement terms set forth
in the Parties’ Stipulated Settlement above are hereby incorporated into this Order;
IT IS FURTHER ORDERED that the amount of $201,500.00 shall be paid by the Clerk
of this Court to the client trust account of Baer & Troff LLP, to be held in trust for PharmaTech;
IT IS FURTHER ORDERED that the balance of the interpleaded proceeds

7

(approximately $377,233.58) shall be paid to the client trust account of Ogloza Fortney LLP, to

8

be held in trust for Shasta;

9
10
11
12

IT IS FURTHER ORDERED that this Court shall have continuing jurisdiction to
enforce this Order and the terms of the Parties’ settlement herein;
IT IS FURTHER ORDERED that this case is DISMISSED WITH PREJUDICE,
with each side to bear its own costs.

13
14
15

DATED: _____________________, 2016

______________________________________
JUDGE OF THE UNITED STATES DISTRICT
COURT

16
17
18
19
20
21
22
23
24
25
26
27
28
3
STIPULATED SETTLEMENT AND [PROPOSED] ORDER