Case No. CIV-F-04-5418 OWW (TAG).United States District Court, E.D. California.
October 11, 2005
Ronald P. Oines, RUTAN TUCKER, LLP, Costa Mesa, California. Attorneys for defendants, counterclaimants and crossclaimants COLT’S MANUFACTURING COMPANY LLC, NEW COLT HOLDING CORP. and COLTEC INDUSTRIES INC.
LAW OFFICE OF STEPHEN J. RINGHOFF, Attorney for LEE ROSENBERG and ALEX ROSENBERG.
Charles D. Oren, Attorneys for SHARRIE HARRIS.
Jess A. Mercado, Attorneys for CRAIG HANSEN.
LEE JACOBSON, Guardian ad Litem for ALEX ROSENBERG.
STIPULATION REGARDING DISMISSAL OF ALL CLAIMS, COUNTERCLAIMS AND CROSSCLAIMS AND GOOD FAITH SETTLEMENT ORDER
OLIVER WANGER, District Judge
WHEREAS, plaintiff LEE ROSENBERG (“Lee Rosenberg”) filed the Complaint in this action (the “Complaint”) against COLT’S MANUFACTURING COMPANY LLC (“Colt’s”), NEW COLT HOLDING CORP. (“New Colt”), COLTEC INDUSTRIES INC. (“Coltec”), CRAIG HANSEN (“Hansen”) and SHARRIE HARRIS (“Harris”);
WHEREAS, Lee Rosenberg’s Complaint asserts three causes of action, as follows: (1) for Wrongful Death, on Lee Rosenberg’s own behalf, (2) for Infliction of Emotional Distress on behalf of, and as Guardian ad Litem for, Alex Rosenberg, and (3) for Survivorship, on Lee Rosenberg’s own behalf;
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WHEREAS, Lee Rosenberg asserted in the Complaint that Harris was sued as a defendant because she was negligent and also because Lee Rosenberg was required to name Harris in the Action because she is an heir of Jordan Rosenberg;
WHEREAS, Colt’s, New Colt and Coltec (collectively, the “Colt Parties”) filed Counterclaims for Indemnity against Lee Rosenberg and Alex Rosenberg, and Crossclaims for Indemnity against Hansen and Harris;
WHEREAS, Hansen filed Counterclaims against Alex Rosenberg and the Colt Parties;
WHEREAS, the Court has appointed Lee Jacobson to act as the Guardian ad Litem for Alex Rosenberg, a minor, in this case;
WHEREAS, the parties to this action has settled all claims, counterclaims and crossclaims in this action;
WHEREAS, because Alex Rosenberg is a minor, the settlements with him were required to be presented to the Court for approval;
WHEREAS, on September 19, 2005, the Court, Honorable Oliver W. Wanger presiding, held a hearing regarding the settlements with Alex Rosenberg;
WHEREAS, on September 23, 2005, the Court issued an Order approving the settlements with Alex Rosenberg;
NOW, THEREFORE, pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, the Parties, by and through their undersigned counsel of record, and Alex Rosenberg, by and through his guardian ad litem, Lee Jacobson, hereby STIPULATE as follows and request that the Court enter an Order on the Parties’ stipulation stated herein:
1. All of Lee Rosenberg’s causes of action against Colt’s, New Colt, Coltec, Hansen and Harris are dismissed with prejudice.
2. All causes of action filed on behalf of Alex Rosenberg are dismissed as to Colt’s, New Colt and Coltec without prejudice.
3. All causes of action filed on behalf of Alex Rosenberg as to Hansen
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and Harris are dismissed with prejudice.
4. The Counterclaim of Colt’s, New Colt and Coltec against Lee Rosenberg is dismissed with prejudice.
5. The Counterclaim of Colt’s, New Colt and Coltec against Alex Rosenberg is dismissed without prejudice.
6. To the extent Harris may be deemed to be a plaintiff in this case, or otherwise to have asserted any claims against Colt’s, New Colt or Coltec, all of Harris’s claims against such parties are dismissed with prejudice.
7. Hansen’s Counterclaims against Colt’s, New Colt, Coltec and Alex Rosenberg are dismissed with prejudice.
8. The Crossclaims of Colt’s, New Colt and Coltec against Harris and Hansen are dismissed with prejudice.
9. All of the parties hereto agree that the settlements entered into among the parties are in good faith pursuant to any and all applicable federal or state law.
IT IS SO STIPULATED
IT IS SO ORDERED
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