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Black & Veatch Corporation v. Modesto Irrigation District

United States District Court, Ninth Circuit

May 24, 2013

BLACK & VEATCH CORPORATION, Plaintiff,
v.
MODESTO IRRIGATION DISTRICT, Defendant. MODESTO IRRIGATION DISTRICT, Counterclaimant,
v.
BLACK & VEATCH CORPORATION, Counterdefendant. AND RELATED ACTIONS

HANSON BRIDGETT LLP, ANDREW G. GIACOMINI, TYSON M. SHOWER, Sacramento California.

McCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP, STEPHEN E. CARROLL, PAUL J. O'ROURKE, BEN NICHOLSON, Fresno California, Attorneys for Defendant/Counterclaimant/Third-Party Plaintiff/Counterdefendant MODEST IRRIGATION DISTRICT.

DAVIDOVITZ & BENNETT LLP, PATRICIA LAKNER, Attorneys for Defendant/Counterclaimant, CITY OF MODESTO.

DIEPENBROCK ELKIN LLP, EILEEN M. DIEPENBROCK, Attorneys for Third-Party Defendant/Counterclaimant/Cross-Defendant/Cross-Complainant, WESTERN SUMMIT CONSTRUCTORS, INC., FEDERAL INSURANCE COMPANY, FIDELITY AND DEPOSIT COMPANY OF MARYLAND AND TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA.

CLAPP, MORONEY, BELLAGAMBA, VUCINICH, BEEMAN & SCHELEY, ROBERT A BELLAGAMBA, Attorneys for Third-Party Defendant BIG B CONSTRUCTION.

PERKINS COIE LLP, JAN FELDMAN, Attorneys for Third-Party Defendant, SIEMENS INDUSTRY, INC., f/k/a SIEMENS WATER TECHNOLOGIES CORPORATION.

STIPULATION OF DISMISSAL OF ENTIRE ACTION AND ORDER

LAWRENCE J. O'NEILL, District Judge.

WHEREAS, the claims asserted in this action by Black & Veatch Corporation ("B&V") on the one hand and Modesto Irrigation District ("MID") and City of Modesto ("City") on the other hand have been dismissed with prejudice pursuant to the Court's Order dated March 13, 2013;

WHEREAS, the claims asserted in this action by MID and the City on the one hand, and Western Summit Constructors, Inc. ("Western Summit"), Federal Insurance Company, Fidelity and Deposit Company of Maryland and Travelers Casualty and Surety Company of America, on the other hand, have now been settled by written agreement between these parties;

WHEREAS, the claims asserted in this action by MID on the one hand, and Big B Construction, Inc. ("Big B"), on the other hand, have now been settled by written agreement between these parties;

WHEREAS, the claims asserted in this action by Western Summit on the one hand, and Siemens Industry, Inc. formerly known as Siemens Water Technologies Corporation, on the other hand, have now been settled by written agreement between these parties;

WHEREAS, the written settlements described above fully and finally resolve all claims in this action pursuant to the terms of the settlement agreements;

WHEREAS, the parties to this litigation agree not to oppose the dismissal of the settling parties from their respective claims, counterclaims, and cross-claims and further agree not to assert claims against each other for costs or fees;

IT IS THEREFORE STIPULATED by and between the parties to this action, through their designated counsel, that the following claims of the settling parties in the above-captioned action and related cross-actions be and hereby are dismissed with prejudice pursuant to FRCP 41(a)(1), each side to bear their own fees and costs:

• All Claims for Relief alleged in MID's First Amended Complaint in Impleader against Western Summit, Big B, Federal Insurance Company, Fidelity and Deposit Company of Maryland and Travelers Casualty and Surety Company of America.
• All Claims for Relief alleged in the City's Cross-Claim against Western Summit.
• All Claims for Relief alleged in Western Summit's Cross-Complaint against Siemens Industry, Inc. formerly known as Siemens Water Technologies Corporation.
• All Claims for Relief alleged in Western Summit's First Amended and Supplemental Counterclaim against MID.

ORDER

This Court DISMISSES with prejudice the claims subject to this stipulation.

The clerk is directed to close this action.

IT IS SO ORDERED.


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