Opinion
Case No. C02-1417 PJH.
October 24, 2005
ROBERT P. DOTY, STUART I. BLOCK, PETER M. MORRISETTE, COX, CASTLE NICHOLSON LLP, San Francisco, CA, Attorneys for Plaintiff RICHMOND REDEVELOPMENT AGENCY.
McDERMOTT, WILL EMERY LLP, Mary Ellen Hogan, Attorneys for Ashland, Inc.
WALSWORTH, FRANKLIN, BEVINS McCALL, Andrew Nelson, Attorneys for Petromark, Inc. and George E. Koppel.
DLA PIPER RUDNICK GRAY CARY LLP, Matthew S. Covington, Attorneys for Atlantic Richfield Company.
O'DONNELL SHAEFFER MORTIMER LLP, Belynda B. Reck, Attorneys for ConocoPhillips Company.
ARNOLD PORTER LLP, Jeffrey Bromme, Attorneys for Honeywell International, Inc.
WACTOR WICK LLP, William D. Wick, Attorneys for Bridgestone/Firestone North American Tire LLC.
BARG COFFIN LEWIS TRAPP LLP, Richard C. Coffin, Attorneys for Grosvenor E. Bryant.
DOWNEY BRAND LLP, Robert P. Soran, Attorneys for Time Oil Co.
U.S. DEPARTMENT OF JUSTICE, Michael B. Heister, Attorneys for The United States of America.
GLYNN FINELY, LLP, Andrew T. Mortl, Attorneys for Texaco Downstream Properties, Inc. sued erroneously as Chevron Texaco Corporation.
STIPULATION FOR DISMISSAL OF ALL CLAIMS, CROSS CLAIMS, COUNTER CLAIMS AND THIRD PARTY CLAIMS AND ORDER
IT IS HEREBY STIPULATED by and between the parties of this action through their designated counsel that the entire above captioned action (including all claims, counter claims, cross claims and third party claims) be and hereby is dismissed with prejudice pursuant to FRCP 41(a)(1). All parties shall bear their own attorney's fees, expert fees and costs, except as may otherwise be set forth in various settlement agreements among the parties and as set forth below. Ashland shall forthwith file a request for dismissal with prejudice of its Ninth Circuit appeal relating to this action. Notwithstanding such dismissal, the Court shall retain jurisdiction over the parties who have entered into settlement memoranda and/or settlement agreements in this matter (collectively `Settlement Agreements') and over the subject matter of this action, for purposes of enforcing the Settlement Agreements.
Also, nothing in this Stipulation alters the respective rights, if any, of ConocoPhillips Company and Honeywell International, Inc. under the Settlement Agreement in the above-captioned action solely as against each other with respect to the apportionment between them of (i) the $140,000 settlement sum paid by them to the Plaintiff pursuant to the Settlement Agreement or (ii) fees and costs paid by them in connection with the above-captioned action.