Rosendin Electric, Inc. v. Hathaway Dinwiddie Construction Company et al

Northern District of California, cand-4:2015-cv-01376

ORDER by Judge Haywood S. Gilliam, Jr. Granting {{68}} Stipulation FOR VOLUNTARY DISMISSAL OF CLAIMS.

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1 William T. Eliopoulos (State Bar No. 100633) weliopoulos@rutan.com 2 Kaveh Badiei (State Bar No. 215179) kbadiei@rutan.com 3 RUTAN & TUCKER, LLP Five Palo Alto Square 4 3000 El Camino Real, Suite 200 Palo Alto, CA 94306-9814 5 Telephone: 650-320-1500 Facsimile: 650-320-9905 6 7 Attorneys for Defendant and Cross-Complainant 8 ROSENDIN ELECTRIC, INC. 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 12 THE USA FOR ASF ELECTRIC, INC., Case No. 4:15-cv-01376-HSG 13 Plaintiff, STIPULATION FOR VOLUNTARY DISMISSAL OF CLAIMS AND 14 vs. [PROPOSED] ORDER 15 ROSENDIN ELECTRIC, INC.; HATHAWAY DINWIDDIE 16 CONSTRUCTION COMPANY, TRAVELERS CASUALTY AND SURETY 17 COMPANY OF AMERICA; FEDERAL INSURANCE COMPANY, and DOES 51- Date Action Filed: March 27, 2015 18 60, inclusive, Trial Date: 19 Defendants. 20 ROSENDIN ELECTRIC, INC., 21 Cross-Complainant, 22 vs. 23 HATHAWAY DINWIDDIE CONSTRUCTION COMPANY, 24 TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA; FEDERAL 25 INSURANCE COMPANY 26 Defendants. 27 28 -1- 174/022879-0058 STIPULATION FOR VOLUNTARY DISMISSAL 10626342.1 a03/01/17 OF CLAIMS & [PROPOSED] ORDER 1 Plaintiff A.S.F. Electric, Inc. ("ASF"); Defendant and Cross-Complainant Rosendin 2 Electric, Inc. ("Rosendin"); Defendant Hathaway Dinwiddie Construction Company 3 ("HDCC"); Defendant Travelers Casualty and Surety Company of American ("Travelers"); 4 and Defendant Federal Insurance Company ("FIC") (collectively the "Parties"), by and 5 through their attorneys of record, hereby stipulate for dismissal pursuant to Rule 41(a)(1)(A) 6 of the Federal Rules of Civil Procedure as follows: 7 I. Dismissal of ASF's Claims 8 ASF hereby dismisses with prejudice each and every claim for relief and cause of 9 action maintained by ASF against Rosendin in this Action. 10 ASF hereby dismisses with prejudice each and every claim for relief and cause of 11 action maintained by ASF against HDCC in this Action. 12 ASF hereby dismisses with prejudice each and every claim for relief and cause of 13 action maintained by ASF against Travelers in this Action. 14 ASF hereby dismisses with prejudice each and every claim for relief and cause of 15 action maintained by ASF against FIC in this Action. 16 II. Dismissal of Rosendin Claims 17 Rosendin hereby dismisses with prejudice each and every claim for relief and cause 18 of action maintained by Rosendin against HDCC in this Action. 19 Rosendin hereby dismisses with prejudice each and every claim for relief and cause 20 of action maintained by Rosendin against Travelers in this Action. 21 Rosendin hereby dismisses with prejudice each and every claim for relief and cause 22 of action maintained by Rosendin against FIC in this Action. 23 III. Continuing Jurisdiction 24 Finally, the Parties hereby stipulate to the Court's continuing jurisdiction over the 25 Action for purposes of enforcing the Parties' various settlement agreements. 26 // 27 // 28 // -2- 174/022879-0058 STIPULATION FOR VOLUNTARY DISMISSAL 10626342.1 a02/22/17 OF CLAIMS & [PROPOSED] ORDER /S/ William T. Eliopoulos 1 I hereby attest that I have on file all holographic signatures corresponding to any signatures 2 indicated by a conformed signature (/S/) within this e-filed document. 3 Dated: February 22, 2017 RUTAN & TUCKER, LLP 4 WILLIAM T. ELIOPOULOS KAVEH BADIEI 5 6 By: /S/ William T. Eliopoulos 7 William T. Eliopoulos, Esq. Attorneys for Defendant and Cross-Complainant 8 ROSENDIN ELECTRIC, INC. 9 10 11 [PROPOSED] ORDER 12 Pursuant to Rule 41(a)(1)(A) and Rule 41(a)(1)(B) of the Federal Rules of Civil Procedure, 13 IT IS HEREBY ORDERED that the claims of A.S.F. Electric, Inc. and the claims of Rosendin 14 Electric, Inc. are dismissed, as set forth in the Parties' Stipulation for Voluntary Dismissal of 15 Claims. 16 17 IT IS SO ORDERED: 18 Dated: 3/3/2017 19 Hon. Judge, United States District Court 20 21 22 23 24 25 26 27 28 -4- 174/022879-0058 STIPULATION FOR VOLUNTARY DISMISSAL 10626342.1 a02/22/17 OF CLAIMS & [PROPOSED] ORDER