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

Filing 285

Stipulated Voluntary Dismissal of ICTSI's Third Counterclaim Against Pacific Maritime Association and Order. Signed on 7/9/2018 by Judge Michael H. Simon. (mja)

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UNITED STATES DISTRICT COURT

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DISTRICT OF OREGON

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INTERNATIONAL LONGSHORE AND
WAREHOUSE UNION and PACIFIC
MARITIME ASSOCIATION,
Plaintiffs and CounterDefendants,

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vs.
ICTSI OREGON, INC., an Oregon
corporation,
Defendant and
Counter-Plaintiff.

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Case No. 3:12-cv-01058-SI
STIPULATED MOTION FOR
VOLUNTARY DISMISSAL OF
ICTSI'S THIRD COUNTERCLAIM
AGAINST PACIFIC MARITIME
ASSOCIATION AND [PROPOSED]
XXXXXXXX
ORDER

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STIPULATION
ICTSI Oregon, Inc. ("ICTSI") and Pacific Maritime Association ("PMA"), through their
counsel of record and after extensive discussions, hereby Stipulate as follows:

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The sole claim by or against PMA that remains in this litigation is ICTSI's

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assertion set forth in its Third Counterclaim that PMA owes to ICTSI a fiduciary duty, which

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ICTSI asserts PMA breached. PMA has denied and continues to deny that it has any such duty

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and that it breached any such duty, and that it has any liability to ICTSI under any theory. ICTSI

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continues to assert that its Third Counterclaim alleges a valid claim for relief.

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2.

PMA has drafted and is poised to file and serve a motion for summary judgment of

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all claims against PMA in this litigation, arguing among other grounds that PMA does not have a

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fiduciary duty and that there is no plausible basis to find that PMA breached any such duty to

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ICTSI. ICTSI intends to oppose that motion.

DB2/ 33606472.I

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Notwithstanding the above. ICTSI has agreed to dismiss with prejudice any and aJl

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claims against PMA, with ICTSI and PMA bearing their own respective attorney's. fees and costs.

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PMA is not paying any monies to KISI, nor is ICTSI paying any monies to PMA, in order to

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resolve ICTSI's claims against PMA.

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After this Court dismisses PMA as a party in this litigation, ICTSI may seek

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written discovery from PMA or depositions of current or former PMA employees or current or

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former PMA Board of Director members only as fol lows: .PMA wi11 be considered to be a thfrd

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party, non-defendant non-plaintiff in the litigation; TCTSI may seek written discovery from PMA

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m: may seek the deposition of a current or former employee of PMA or PMA Board member only

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as a third party non-defendant nonwplaintiff and only pursuant to FRCP 45. PMA agrees to accept

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service of subpoenas-with a reservation ofany and all rights to object to any and all aspects of

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the subpoena-for any current PMA employee. ICTSl reserves all ofits rights under FRCP 45,

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consistent with this paragraph.

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This stipulation will not affe.ct in any way ICTSJ's Second Counterclaim against
·al commencing on March 19, 2019.

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1/6/IS

Dated:

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Based on the above STIPULATION, and this Court finding good cause,

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IT IS ORDERED that:

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AU claims in this case against Pacific Maritime Association ("PMA") are hereby

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dismissed, with prejudice. ICTSI and PMA each shall bear their own respective attorney's fees

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and costs.

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2.

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This order wiH not affect in any way ICTSI's Second Counterclaim against the

IL WU parties, which is currently scheduled for jury trial commencing on

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Dated:

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