Opinion
4:22-cv-09058-HSG
08-28-2024
MICHAEL R. MARCUS and VICTORIA L. MARCUS, Plaintiffs, v. AIR & LIQUID SYSTEMS CORPORATION, et al., Defendants.
Maune Raichle Hartley French & Mudd LLC Rabiah N. Oral Attorney for Plaintiffs HUSCH BLACKWELL LLP Lisa L. Oberg Daniel B. Hoye Paul D. Smith Attorney for Metalclad Insulation, LLC
Alameda County Superior Court Case No.: 22CV021840
Maune Raichle Hartley French & Mudd LLC Rabiah N. Oral Attorney for Plaintiffs
HUSCH BLACKWELL LLP Lisa L. Oberg Daniel B. Hoye Paul D. Smith Attorney for Metalclad Insulation, LLC
PROVISIONAL STIPULATION OF DISMISSAL WITH PREJUDICE: METALCLAD INSULATION, LLC; ORDER
HAYWOOD S. GILLIAM, JR. UNITED STATES DISTRICT COURT JUDGE
TO THE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE that, pursuant to Federal Rule of Civil Procedure Section 41(a)(1)(A)(i)(ii), Plaintiffs Michael R. Marcus and Victoria L. Marcus (“Plaintiffs”) and METALCLAD INSULATION, LLC (“Defendant”) hereby stipulate as follows:
1. On November 15, 2022, Plaintiffs filed their Complaint for Personal Injury and Loss of Consortium - Asbestos in the Superior Court of the State of California, Couty of Alameda Case No. 22CV021840.
2. On December 21, 2022, the above action was removed to the United States District Court, Northern District of California, Case No. 4:22-09058.
3. On August 21, 2024, Plaintiffs and Defendant reached an agreement of all claims in this action.
4. The terms of settlement are not yet perfected, but Plaintiffs and Defendant agree that this matter should not be litigated due to the agreed-upon resolution.
Based on the foregoing facts, Plaintiffs and Defendant stipulate and agree to the following:
This Court should conditionally dismiss this Action in its entirety against METALCLAD INSULATION, LLC, only, with prejudice. As the terms of settlement are not yet perfected, this Court will retain jurisdiction over the matter for sixty (60) days.
LOCAL RULE 5-1(i)(3) SERVICE AND FILING OF PLEADINGS AND OTHER PAPERS
In accordance with L.R5-1(i)(3), I, Rabiah N. Oral, attest that all signatories identified above, and on whose behalf the filing is submitted, concur in the filing's content and have authorized the filing. t 1/ \
ORDER
Having read and considered the foregoing stipulation of parties, and good cause appearing:
PURSUANT TO STIPULATION, IT IS SO ORDERED that METALCLAD INSULATION LLC, only, is conditionally dismissed with prejudice from this Action in its entirety. Perfection of the terms of the settlement is to be completed within 60 days of this signed Order. The Court shall retain jurisdiction for 60 days from the date of this signed Order.
IT IS SO ORDERED.