Kirkpatrick v. Alderwoods Group, Inc. et al

Western District of Texas, txwd-6:2011-cv-00238

ORDER dismissing certain claims re {{136}}. [Transferred from California Northern on 9/7/2011.]

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Case Case 6:11-cv-00238-WSS 3:08-cv-01184-SI Document Document 136-2137 Filed Filed03/19/2009 03/25/09 Page 1 of1 3of 3 Page 1 STEVEN H. GURNEE, ESQ. SB# 66056 DAVID M. DANIELS, ESQ. SB# 170315 2 NICHOLAS P. FORESTIERE, SB# 125118 JOHN A. MASON, ESQ. SB# 166996 3 GURNEE & DANIELS LLP 2240 Douglas Boulevard, Suite 150 4 Roseville, CA 95661-3805 Telephone (916) 797-3100 5 Facsimile (916) 797-3131 6 Attorneys for Defendants 7 ALDERWOODS GROUP, INC., PAUL HOUSTON, SERVICE CORPORATION 8 INTERNATIONAL, SCI FUNERAL AND 9 CEMETERY PURCHASING COOPERATIVE, INC., SCI EASTERN MARKET SUPPORT 10 CENTER, L.P., SCI WESTERN MARKET 11 SUPPORT CENTER, L.P. and SCI HOUSTON MARKET SUPPORT CENTER, L.P. 12 13 UNITED STATES DISTRICT COURT 14 NORTHERN DISTRICT OF CALIFORNIA 15 16 WILLIAM HELM, et al., on behalf of) CASE NO. 3:08-cv-01184 SI 17 themselves and all other employees and former) 18 employees similarly situated,)) [PROPOSED] ORDER STIPULATION OF 19 Plaintiffs,) DISMISSAL vs.) 20) 21 ALDERWOODS GROUP, INC. et al.)) 22 Defendants.)) 23) 24 25 Pursuant to the Stipulation of counsel and good cause appearing, the Court orders as 26 follows: 27 1. Pursuant to Fed. R. Civ. P. 41(a), Plaintiffs voluntarily dismiss their claims against 28 Service Corporation International, SCI Funeral and Cemetery Purchasing Cooperative, Inc., SCI [PROPOSED] ORDER STIPULATION OF DISMISSAL 1 Case No.: 3:08-CV-01184 SI Case Case 6:11-cv-00238-WSS 3:08-cv-01184-SI Document Document 136-2137 Filed Filed03/19/2009 03/25/09 Page 2 of2 3of 3 Page 1 Eastern Market Support Center, L.P., SCI Western Market Support Center, L.P., SCI Houston 2 Market Support Center, L.P. and Paul A. Houston (collectively "non-Alderwoods Defendants") 3 without prejudice. 4 2. If Alderwoods is found liable for damages in this action and all avenues of appeal 5 have been exhausted and Alderwoods is required but unable to pay such damages, Plaintiffs may 6 amend the Complaint in this action, even after jury verdict and appeals therefrom, to allege that 7 SCI, SCI Funeral and Cemetery Purchasing Cooperative, Inc., SCI Eastern Market Support Center, 8 L.P., SCI Western Market Support Center, L.P., SCI Houston Market Support Center, L.P. and 9 Paul A. Houston are successors in interest to Alderwoods and liable to pay the damages, attorney's 10 fees, and costs awarded against Alderwoods. The parties would be afforded a reasonable time to 11 conduct discovery on this issue. 12 3. Defendants do not waive any defenses or arguments that may be available to them, 13 except that Defendants will not raise any defenses of timeliness or jurisdiction based on time that 14 passes from entry of this Stipulation through the deadline for amending the Complaint as set forth 15 below; and Plaintiffs do not waive any arguments that any claims against Defendants relate back to 16 the initial filing of the Complaint. 17 4. Any amendment to the Complaint under this Stipulation and Order shall be filed 18 within 30 days after the date that Alderwoods fails to pay any judgment that stands against it after 19 all avenues of appeal have been exhausted. 20 5. Plaintiffs withdraw their motion to compel pertaining to personal jurisdiction 21 discovery (Docket No. 128), as the motion is rendered moot by Plaintiffs' voluntary dismissal of 22 their claims against the non-Alderwoods Defendants in this action. Plaintiffs' withdrawal of their 23 motion to compel in the instant action, however, has no impact upon their motion to compel also 24 filed in the related action Bryant, et al. v. SCI, et al., Case No. 08-1190-SI (Docket No. 117), 25 which is unaffected by the instant Stipulation and Order and remains pending before this Court. 26 27 28 [PROPOSED] ORDER STIPULATION OF DISMISSAL 2 Case No.: 3:08-CV-01184 SI Case Case 6:11-cv-00238-WSS 3:08-cv-01184-SI Document Document 136-2137 Filed Filed03/19/2009 03/25/09 Page 3 of3 3of 3 Page IT IS SO ORDERED: 1 2 The Honorable Susan Illston 3 AGREED TO: 4 5 /s/ Annette Gifford /s/ Nicholas P. Forestiere 6 Dolin, Thomas & Solomon LLP Gurnee & Daniels LLP 7 693 East Avenue 2240 Douglas Boulevard, Suite 150 Rochester, New York 14607 Roseville, California 95661 8 Telephone: (585) 272-0540 Telephone: (916) 797-3100 9 Attorneys for Plaintiffs Attorneys for Defendants 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 [PROPOSED] ORDER STIPULATION OF DISMISSAL 3 Case No.: 3:08-CV-01184 SI