Filed: Jul. 05, 2016
Latest Update: Jul. 05, 2016
Summary: STIPULATED REQUEST FOR DISMISSAL REGARDING CALIFORNIA WATER SUPPLY COMPANY, ONLY; [ PROPOSED ] ORDER THEREON (Doc. No. 427) ANTHONY W. ISHII , District Judge . On July 5, 2016, Plaintiffs and Defendant Cal Water filed the following stipulation: Pursuant to Federal Rules of Civil Procedure, Rule 41(a)(2) and (c), the Court's Order approving the good faith settlement [Document No. 424], and the terms of the settlement, Plaintiffs and counter-defendants Gary Coppola, an individual, Gary
Summary: STIPULATED REQUEST FOR DISMISSAL REGARDING CALIFORNIA WATER SUPPLY COMPANY, ONLY; [ PROPOSED ] ORDER THEREON (Doc. No. 427) ANTHONY W. ISHII , District Judge . On July 5, 2016, Plaintiffs and Defendant Cal Water filed the following stipulation: Pursuant to Federal Rules of Civil Procedure, Rule 41(a)(2) and (c), the Court's Order approving the good faith settlement [Document No. 424], and the terms of the settlement, Plaintiffs and counter-defendants Gary Coppola, an individual, Gary C..
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STIPULATED REQUEST FOR DISMISSAL REGARDING CALIFORNIA WATER SUPPLY COMPANY, ONLY; [PROPOSED] ORDER THEREON
(Doc. No. 427)
ANTHONY W. ISHII, District Judge.
On July 5, 2016, Plaintiffs and Defendant Cal Water filed the following stipulation:
Pursuant to Federal Rules of Civil Procedure, Rule 41(a)(2) and (c), the Court's Order approving the good faith settlement [Document No. 424], and the terms of the settlement, Plaintiffs and counter-defendants Gary Coppola, an individual, Gary Coppola, as Successor Trustee of The Viola M. Coppola Irrevocable Trust; and Gary Coppola, as Trustee of The Anthony M. Coppola Trust ("Plaintiffs") and California Water Service Company ("Cal Water") (collectively the "Parties") hereby stipulate and request that the Court enter an Order as set forth in the terms below.
1. Plaintiffs' complaint in the above captioned action is hereby dismissed with prejudice, including their entire action and all claims encompassed therein, against Cal Water, only;
2. Cal Water's counterclaim in the above captioned action is hereby dismissed with prejudice, including their entire action and all claims encompassed therein, against Plaintiffs;
3. Each party shall bear their own attorney's fees and costs;
4. This Court shall retain jurisdiction over the parties for purposes of enforcing the settlement agreement reached by and between Plaintiffs and Cal Water; and
5. The foregoing dismissals are voluntary and shall not operate as an adjudication on the merits.
ORDER1
The Parties having stipulated and agreed, and good cause appearing thereon, it is hereby ORDERED:
1. Plaintiffs' complaint in the above captioned action is dismissed with prejudice, including their entire action and all claims encompassed therein, against Cal Water, only;2
2. Cal Water's counterclaim in the above captioned action is dismissed with prejudice, including their entire action and all claims encompassed therein, against Plaintiffs;
3. The Clerk shall note that Cal Water has been TERMINATED from this action as of July 5, 2016;
4. Each party shall bear their own attorney's fees and costs;
5. This Court shall retain jurisdiction over the parties for purposes of enforcing the settlement agreement reached by and between Plaintiffs and Cal Water; and
6. The foregoing dismissals are voluntary and shall not operate as an adjudication on the merits.
IT IS SO ORDERED.
