UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA / FRESNO DIVISION
August 1, 2011
ABARCA, RAUL VALENCIA, ET AL., PLAINTIFFS,
MERCK & CO., INC., ET AL.,
The opinion of the court was delivered by: Oliver W. Wanger, Judge OF The United States District Court
Michael G. Marderosian, No. 77296 Brett L. Runyon, No. 133501 Heather S. Cohen, No. 263093 MARDEROSIAN, RUNYON, CERCONE & LEHMAN 1260 Fulton Mall Fresno, CA 93721 Telephone: (559) 441-7991 Facsimile: (559) 441-8170 Michael J. Bidart, No. 60582 Ricardo Echeverria, No. 166049 SHERNOFF BIDART ECHEVERRIA, LLP 600 South Indian Hill Boulevard Claremont, CA 91711-5498 Telephone: (909) 621-4935 Facsimile: (909) 625-6915 Thomas V. Girardi, No. 36603 Shawn McCann, No. 227553 GIRARDI & KEESE 1126 Wilshire Boulevard Los Angeles, CA 90017 Telephone: (213) 977-0211 Facsimile: (213) 481-1554 Jack Silver, No. 160575 LAW OFFICE OF JACK SILVER Post Office Box 5469 Santa Rosa, CA 95402 Telephone: (707) 829-0934 Facsimile: (707) 528-8675 Attorneys for: Plaintiffs
DRAINAGE DISTRICT NO. 1 AND COUNTY OF MERCED BY CERTAIN NAMED PLAINTIFFS; ORDER THEREON
STIPULATION TO DISMISS ALL CLAIMS AGAINST THE MERCED IRRIGATION DISTRICT, MERCED
IT IS HEREBY STIPULATED by and between the Plaintiffs and the Merced Irrigation District, the Merced Drainage District No. 1 and the County of Merced, and their attorneys of record herein as follows:
1. Pursuant to the settlements reached between the plaintiffs and defendants Merced Irrigation District, Merced Drainage District No. 1 and County of Merced with regard to all chemical contamination aspects of this litigation as alleged in plaintiffs' Eighth Amended Complaint, and given that the remaining claims against these entities arise solely out of the flooding event of April 2006 in Merced California, the named plaintiffs identified in Exhibit "A", attached to this stipulation and incorporated by this reference, dismiss with prejudice all claims in this litigation against the Merced Irrigation District, Merced Drainage District No. 1 and the County of Merced. This dismissal does not affect or dismiss any of the claims of plaintiffs (including those identified in Exhibit "A") against any other remaining Defendants.
2. Each party is to bear its' own costs and attorneys fees with regard to entry of dismissal of these plaintiffs' claims from this litigation.
IT IS SO ORDERED.
OLIVER W. WANGER
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