Granite Rock Company et al v. Herback General Engineering, LLC et al

Filing 40

ORDER APPROVING 39 STIPULATION FOR DISMISSAL WITH PREJUDICE. Signed by Judge Beth Labson Freeman on 6/22/2017. (blflc1S, COURT STAFF) (Filed on 6/22/2017)

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1 2 3 4 5 6 7 John D. Moore, Esq. California State Bar No. 239407 MOORE LAW GROUP, PC 3715 Lakeside Drive, Suite A Reno, NV 89509 Telephone (775) 336-1600 Fax (775) 336-1601 john@moore-lawgroup.com Attorney for Herback General Engineering, LLC and Travelers Casualty and Surety Company of America 8 IN THE UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 12 GRANITE ROCK COMPANY AND UNITED STATES FOR THE USE AND BENEFIT OF GRANITE ROCK COMPANY, a California corporation, 13 Assigned to the Hon. Beth Labson Freeman STIPULATION FOR DISMISSAL WITH PREJUDICE Plaintiff, 14 Case No. 5:16-CV-01591-BLF 15 vs. 16 HERBACK GENERAL ENGINEERING, LLC, a Nevada limited liability company; TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, a Connecticut corporation; and DOES 1 through 10, inclusive, 17 18 19 20 21 Defendants. And related Counter-Claim. 22 COME NOW Plaintiff GRANITE ROCK COMPANY AND UNITED STATES FOR THE 23 USE AND BENEFIT OF GRANITE ROCK COMPANY (“Plaintiff”) and Defendants HERBACK 24 GENERAL ENGINEERING, LLC (“Herback”), and TRAVELERS CASUALTY AND SURETY 25 COMPANY OF AMERICA (collectively “Defendants”) by and through their undersigned counsel 26 27 28 of record, and hereby dismiss this action, Plaintiff’s Complaint and Defendants’ Counterclaim, in accordance with Fed.R.Civ.P. 41(a)(1)(A)(ii), in its entirety, with prejudice, each party to bear their 1 1 own attorney’s fees and costs. 2 3 IT IS SO STIPULATED. 4 5 DATED this 22nd day of June, 2017. MOORE LAW GROUP, PC 6 7 By /s/ John D. Moore John D. Moore Attorneys for Defendants and CounterClaimant HERBACK GENERAL ENGINEERING, LL and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA 8 9 10 11 12 13 14 DATED this 22nd day of June, 2017. NIXON PEABODY LLP 15 16 17 18 19 20 21 By /s/ Aldo E. Ibarra Aldo E. Ibarra Anthony J. Barron Attorneys for Plaintiff and Counter-Defendant GRANITE ROCK COMPANY AND UNITED STATES FOR THE USE AND BENEFIT OF GRANITE ROCK COMPANY 22 23 24 25 26 27 28 2 1 2 3 4 5 6 7 John D. Moore, Esq. California State Bar No. 239407 MOORE LAW GROUP, PC 3715 Lakeside Drive, Suite A Reno, NV 89509 Telephone (775) 336-1600 Fax (775) 336-1601 john@moore-lawgroup.com Attorney for Herback General Engineering, LLC and Travelers Casualty and Surety Company of America 8 IN THE UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 12 GRANITE ROCK COMPANY AND UNITED STATES FOR THE USE AND BENEFIT OF GRANITE ROCK COMPANY, a California corporation, 13 14 Case No. 5:16-CV-01591-BLF Assigned to the Hon. Beth Labson Freeman ORDER FOR DISMISSAL WITH PREJUDICE Plaintiffs, vs. 15 16 17 18 19 20 21 22 HERBACK GENERAL ENGINEERING, LLC, a Nevada limited liability company; TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, a Connecticut corporation; and DOES 1 through 10, inclusive, Defendants. And related Counter-Claim. The Court having read the parties’ Stipulation for Dismissal with Prejudice, and good cause appearing therefore, 23 24 25 IT IS HEREBY ORDERED that the above-captioned action, Complaint and Counterclaim, are dismissed with prejudice. 26 27 Dated: _____________, 2017. _____________________________ The Honorable Beth Labson Freeman UNITED STATES DISTRICT JUDGE 28 3

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