Opinion
Civil No. 2:98-CV-238J
May 24, 2004
Arthur B. Berger, RAY QUINNEY NEBEKER, Salt Lake City, Utah, for Defendant Bank of China
Christopher Brady, Orlee Goldfeld, HOLLYER BRADY SMITH HINES LLP, New York, New York, for Defendant Bank of China
Franklin N. Smith, PIKE SMITH, For Defendant Saren Gaowa
ORDER GRANTING STIPULATED MOTION TO DISMISS DEFENDANT BANK OF CHINA'S CONTINGENT CROSS-CLAIM AGAINST DEFENDANT SAREN GAOWA WITHOUT PREJUDICE
Based on the stipulated motion of Defendants Bank of China (the "Bank") and Saren Gaowa ("Gaowa"), pursuant to Rule 41 of the Federal Rules of Civil Procedure, and good cause appearing:
IT IS HEREBY ORDERED as follows:
1. The contingent cross-claim asserted by the Bank against Gaowa in the captioned action is dismissed without prejudice.
2. The limitations period governing the Bank's contingent cross-claim against Gaowa is tolled and shall expire 120 days from the entry of a final, non-appealable judgment, if any, against the Bank and in favor of Plaintiffs Orient Mineral Company and/or Wil-Bao Mineral Company, Ltd.
3. Should the Bank reassert its contingent cross-claim against Gaowa, Gaowa may use transcripts of the depositions taken of the following individuals in the captioned action in lieu of live testimony at any hearings or trial concerning the reasserted cross-claim:
a. Daniel N. Schochet;
b. Kim Fai Chan; and
c. Saren Gaowa.
4. The Bank and Gaowa shall bear their own fees and costs incurred with respect to the captioned action.