UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA / FRESNO DIVISION
August 2, 2011
ABARCA, RAUL VALENCIA, ET AL.,
MERCK & CO., INC., ET AL.,
The opinion of the court was delivered by: Oliver W. Wanger United States District Judge
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:
AMENDED STIPULATION TO DISMISS
ALL CLAIMS AGAINST THE MERCED
IRRIGATION DISTRICT, MERCED DRAINAGE DISTRICT NO. 1
AND COUNTY OF MERCED BY CERTAIN
NAMED PLAINTIFFS; ORDER THEREON
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" [filed under seal], 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" [filed under seal]) 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.
Dated: August 2, 2011. MARDEROSIAN, RUNYON, CERCONE & LEHMAN By: /s/Michael G. Marderosian MICHAEL G. MARDEROSIAN, Attorney for Plaintiffs above named. : August 2, 2011. GREENFIELD-HARDY By: /s/Robert H. Greenfield Robert H. Greenfield, Esq. Attorney for Defendants MERCED IRRIGATION DISTRICT and MERCED DRAINAGE DISTRICT NO. 1 (erroneously sued herein as MERCED IRRIGATION DISTRICT NO. 1) Dated: August 2, 2011. GREBEN & ASSOCIATES By: /s/Jan Adam Greben Jan Adam Greben, Esq. Attorney for Defendant COUNTY OF MERCED
IT IS SO ORDERED.
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