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Abarca, Raul Valencia, Et Al v. Merck & Co.

August 3, 2011

ABARCA, RAUL VALENCIA, ET AL.,
PLAINTIFFS,
v.
MERCK & CO., INC., ET AL.,
DEFENDANTS.



The opinion of the court was delivered by: Honorable Oliver W. Wanger, Judge OF The United States District Court/eastern District

FINDINGS OF FACT REGARDING THE: (1) PARTIAL SETTLEMENT WITH THE MERCED IRRIGATION DISTRICT/MERCED DRAINAGE FRANKLIN COUNTY WATER DISTRICT; DISTRICT NO. 1; (2) PARTIAL MERCED; (3)SETTLEMENT WITH THE SETTLEMENT WITH THE COUNTY OF AND (4) SETTLEMENT WITH THE CITY OF MERCED

Following the hearing regarding the settlements reached between the plaintiffs, the Merced Irrigation District/Merced Drainage District No. 1, County of Merced, City of Merced, and Franklin County Water District, the following Findings of Fact are entered:

FINDINGS OF FACT

SETTLEMENTS

1. In or around October 2009, the Ranchwood plaintiffs, which consisted of 83 property owners, reached a settlement with Ranchwood Homes Corp., Ranchwood Properties, Ranchwood Contractors, Inc., Hostetler Investments, LLC, El Capitan Estates, LLC, Hollywood Park Estates, LLC, and Ranchwood Residential, Inc., for $598,982.13. All Ranchwood plaintiffs agreed to the settlement.

2. In or around October 2010, the plaintiffs agreed in principle to a partial settlement with the Merced Irrigation District/Merced Drainage District No. 1 for $700,000. A final Settlement Agreement detailing this settlement was executed on April 22, 2011.

3. In or around October 2010, the plaintiffs agreed in principle to a partial settlement with the County of Merced for $550,000. A final Settlement Agreement detailing this settlement was executed on June 14, 2011.

4. In or around October 2010, the plaintiffs agreed in principle to settle all claims against the Franklin County Water District for $350,000. A final Settlement Agreement detailing this settlement was executed on June 27, 2011.

5. In or around February 2011, the plaintiffs agreed in principle to settle all claims against the City of Merced for $1,500,000. A final Settlement Agreement detailing this settlement was executed on May 4, 2011.

APPROVAL BY THE PLAINTIFFS REGARDING THE ABOVE REFERENCED SETTLEMENTS

6. The Retainer Agreement between each plaintiff and their counsel permits a two-thirds (2/3) majority to agree to a settlement and thereby bind all plaintiffs to such settlement.

7. Notice was given to each plaintiff involved in the Ranchwood settlement and each Ranchwood plaintiff agreed to the settlement.

8. Notice has been given to every plaintiff regarding the Settlement Agreements with the Merced Irrigation District/Merced Drainage District No. 1, the County of Merced, the Franklin County Water District, and the City of Merced as described above.

9. The plaintiffs have submitted sufficient evidence that the Ranchwood plaintiffs agreed to the ...


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