International Longshore and Warehouse Union (ILWU) et al v. ICTSI Oregon, Inc.

Filing 231

Stipulated Dismissal Without Prejudice of Port of Portland's Cross-Claim Against ICTSI Oregon, Inc. and Dismissal Order. Signed on 10/19/2017 by Judge Michael H. Simon. (mja)

Randolph C. Foster, OSB No. 784340
[e-mail]
Jeremy D. Sacks, OSB No. 994262
[e-mail]
Nathan C. Brunette, OSB No. 090913
[e-mail]
STOEL RIVES LLP
900 SW Fifth A venue, Suite 2600
Portland, OR 97204
Telephone: [phone]
Facsimile: [phone]
Of Attorneys for Intervenor Port of Portland
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
PORTLAND DNISION
INTERNATIONAL LONGSHORE AND
WAREHOUSE UNION and PACIFIC
MARITIME ASSOCIATION,
Plaintiffs and
Counterclaim Defendants,
v.

Case No. 3:12-CV-01058-SI

STIPULATED DISMISSAL WITHOUT
PREJUDICE OF PORT OF PORTLAND'S
CROSS-CLAIM AGAINST ICTSI OREGON,
INC. AND DISMISSAL ORDER

ICTSI OREGON, INC., an Oregon
corporation,
Defendant/Counterclaim
Plaintiff,
IBEW Local 48,
Intervenor,

and

STIPULATED DISMISSAL WITHOUT PREJUDICE OF PORT OF PORTLAND'S CROSSCLAIM AGAINST ICTSI OREGON, INC. AND DISMISSAL ORDER - 1 94368684.2
0061364-00200.00 I

PORT OF PORTLAND,
Intervenor,
Counterclaim Plaintiff,
and Cross-Claim Plaintiff,

v.
INTERNATIONAL LONGSHORE AND
WAREHOUSE UNION, PACIFIC
MARITIME ASSOCIATION,
INTERNATIONAL LONGSHORE AND
WAREHOUSE UNION LOCAL 8,
Counterclaim Defendants,
and
ICTSI OREGON, INC., an Oregon
corporation,
Cross-Claim Defendant.
This Stipulation is between the Port of Portland ("Port") and IC TS I Oregon, Inc.
("ICTSI''). The parties to this Stipulation jointly request that the Court enter an order dismissing
without prejudice and without costs or fees to either party the cross-claim for declaratory
judgment asserted by Port against ICTSI in this action.
In addition, the Port and ICTSI stipulate that such dismissal order is expressly subject to
and without waiver of, and without any adjudicative or preclusive effect as to, the Port and
ICTSI's common position taken throughout this litigation that at all material times the Port had
the sole and exclusive legal right to control assignment of the work associated with the plugging,
unplugging and monitoring of refrigerated containers at Terminal 6 arid the parties further
stipulate that the dismissal order should note this agreed limitation in the body of the dismissal
order and in any final judgment.

STIPULATED DISMISSAL WITHOUT PREJUDICE OF PORT OF PORTLAND'S CROSSCLAIM AGAINST ICTSI OREGON, INC. AND DISMISSAL ORDER - 2 94368684.2
0061364-00200.00 I

DATED: October 18, 2017.

STOEL RIVES LLP

s/ Randolph C. Foster
Randolph C. Foster, OSB No. 784340
[e-mail]
Jeremy D. Sacks, OSB No. 994262
[e-mail]
Nathan C. Brunette, OSB No. 090913
[e-mail]
Of Attorneys for Intervenor
Port of Portland
DATED:

October 18 2017.

SCHWABE, WILLIAMSON & WYATT

s/ Michael T Garone
Michael T. Garone, OSB No.
Email: [e-mail]
1211 SW Fifth Avenue, Suite 1600
Portland, OR 97204
Of Attorneys for ICTSI Oregon, Inc.

STIPULATED DISMISSAL WITHOUT PREJUDICE OF PORT OF PORTLAND'S CROSSCLAIM AGAINST ICTSI OREGON, INC. AND DISMISSAL ORDER - 3 94368684_2
0061364-00200.001

ORDER
Pursuant to Rule 4l(a)(2) and the stipulated request of the parties and good cause
appearing therefor, IT IS HEREBY ORDERED that the claims alleged by the Port of Portland
against ICTSI Oregon, Inc. are hereby DISMISSED with prejudice but without waiver of, and
without any adjudicative or preclusive effect as to, the Port and ICTSI' s common position taken
throughout this litigation that at all material times the Port had the sole and exclusive legal right
to control assignment of the work associated with the plugging, unplugging and monitoring of
refrigerated containers at Terminal 6 and the parties further stipulate that the dismissal order
should note this agreed limitation in the body of the dismissal order and in any final judgment.
IT IS SO ORDERED.

·al-4-

DATED this {J__ day of October, 2017

~
United States District Judge

STIPULATED DISMISSAL WITHOUT PREJUDICE OF PORT OF PORTLAND ' S CROSSCLAIM AGAINST ICTSI OREGON, INC. AND DISMISSAL ORDER - 4 94368684.2
0061364-00200. 00 I