Opinion
Case No. C-02 5376 JSW.
October 19, 2005
WINSTON STRAWN LLP Charles S. Birenbaum Jeffrey S. Bosley Charles J. Wichmann III 101 California Attorneys for Defendant CALPINE CORPORATION
NEYHART, ANDERSON, FREITAS, FLYNN GROSBOLL John L. Anderson Linda Lu Castronovo Scott M. De Nardo 44 Montgomery Attorneys for Plaintiff PLUMBERS STEAMFITTERS, LOCAL UNION 342, UNITED ASSOCIATION OF JOURNEYMEN AND APPRENTICES OF THE PLUMBING AND PIPEFITTRNG INDUSTRY OF THE UNITED STATES AND CANADA, AFL-CIO
STIPULATION TO DISMISS AND ORDER [F.R.C.P. 41(a)(1)]
WHEREAS, on November 12, 2002, Plumbers Steamfitters Local Union 342, United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, AFL-CIO ("UA Local 342") filed a complaint ("Complaint") against Calpine Corporation ("Calpine"), alleging a breach of the Northern California Power Plants Project Labor Agreement (" PLA"); and
WHEREAS, Calpine denies any breach of the PLA, including but not limited to any breach of Section 2.1 or 3.1 of the PLA; and
WHEREAS, Section 2.1 of the PLA states that "Work performed by Calpine employees after the mechanical completion of each system within a unit is not included within the scope of [the PLA];" and
WHEREAS, the parties were provided a full opportunity to conduct discovery in this matter, including discovery concerning the negotiation history of the PLA; and
WHEREAS, the parties have agreed to resolve this matter through a confidential settlement agreement, and desire to avoid any future disputes;
NOW THEREFORE, it is agreed to by and between Calpine and U.A. Local 342 that the term "mechanical completion of each system within a unit" as used in section 2.1 of the PLA shall be deemed to occur when a system is tagged and locked out, but if Calpine rejects the system as incomplete and returns the system to a contractor, work performed to correct the system and to gain Calpine's acceptance shall be performed under the terms and conditions of the PLA. Further, if after a system is tagged and locked out, major new construction rather than start-up and commissioning work is required to achieve acceptance of the system by Calpine, then such major new construction shall be performed under the terms and conditions of the PLA. Hydrolazing is excluded from the PLA no matter when performed;
IT IS FURTHER HEREBY STIPULATED by and between the parties to this action through their designated counsel that the above-captioned action should be dismissed with prejudice pursuant to FRCP 41(a)(1), with each side to bear its own costs and attorney's fees in this matter.
APPROVED AND SO ORDERED.