Filed: May 11, 2018
Latest Update: May 11, 2018
Summary: STIPULATION AND [PROPOSED] ORDER FOR RELIEF FROM FINAL JUDGMENT (FRCP 60(b)) EDWARD M. CHEN , District Judge . STIPULATION FOR RELIEF FROM FINAL JUDGMENT Petitioner and Judgment Creditor Sabawoon Salim Construction Co. and Respondents and Judgment Debtors ECC International, LLC (incorrectly identified as ECCI International, LLC in the Judgment) (collectively, "ECCI") and ECC Centcom Constructors LLC (incorrectly identified as ECC-CENTCOM Constructors, LLC in the Judgment) (collective
Summary: STIPULATION AND [PROPOSED] ORDER FOR RELIEF FROM FINAL JUDGMENT (FRCP 60(b)) EDWARD M. CHEN , District Judge . STIPULATION FOR RELIEF FROM FINAL JUDGMENT Petitioner and Judgment Creditor Sabawoon Salim Construction Co. and Respondents and Judgment Debtors ECC International, LLC (incorrectly identified as ECCI International, LLC in the Judgment) (collectively, "ECCI") and ECC Centcom Constructors LLC (incorrectly identified as ECC-CENTCOM Constructors, LLC in the Judgment) (collectivel..
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STIPULATION AND [PROPOSED] ORDER FOR RELIEF FROM FINAL JUDGMENT (FRCP 60(b))
EDWARD M. CHEN, District Judge.
STIPULATION FOR RELIEF FROM FINAL JUDGMENT
Petitioner and Judgment Creditor Sabawoon Salim Construction Co. and Respondents and Judgment Debtors ECC International, LLC (incorrectly identified as ECCI International, LLC in the Judgment) (collectively, "ECCI") and ECC Centcom Constructors LLC (incorrectly identified as ECC-CENTCOM Constructors, LLC in the Judgment) (collectively, "ECC-C") hereby stipulate and agree as follows:
1. On October 23, 2015, this Court entered an Order Confirming an Arbitration Award and related Judgment (Docket Entry ("DE") 26)1;
2. Petitioner and Judgment Creditor Sabawoon Salim Construction Co. ("SSCC") hereby stipulates and acknowledges that:
a. the Respondent and Judgment Debtor ECC-C has fully satisfied the Judgment entered by the Court on October 23, 2015 (DE 26) ("Judgment") and that the Judgment is no longer of any force or effect as to ECC-C; and
b. the Respondent and Judgment Debtor ECCI has partially satisfied the Judgment in that Sections (1), (2) and (3) on page 5 of the Judgment (specifically, those obligations at page 5, lines 4 through 14) have been fully satisfied and that such portion of the Judgment is no longer of any force or effect as to any person or entity including ECCI.
3. SSCC and ECCI hereby stipulate and acknowledge that the government claim described in Section (4) of the Judgment is still pending before the Armed Services Board Contract Appeals (for a claim against the United States Army Corps of Engineers (incorrectly referred to as the United States Corp of Engineers in the Judgment)) and that, accordingly, Section (4) (specifically, those obligations at page 5, lines 15 through 22) is not yet satisfied and that such portion of the Judgment remains in force and effect as to ECCI only.
4. In light of the foregoing, SSCC hereby stipulates and acknowledges that the only portion of the Judgment that is not fully satisfied and remains in force is the following section which is copied verbatim from the Judgment and remains in force and effect against ECCI only:
"(4) ECCI shall do the following with respect to Subcontract SCC.Subk.5901.000 which is attached to the Petition as Exhibit 3:
A. negotiate in good faith to maximize the Claim that ECCI has submitted to the United States Corp of Engineers ("USACE") for extra compensation related to the delays associated with the change in security posture at the SOF compound (the "Claim");
B. provide periodic reports to SSCC on negotiation of the Claim with USACE; and
C. promptly pay Petitioner SSCC all amounts paid to it by USACE that are paid for SSCC's part of the Claim."
5. Petitioner and Judgment Creditor Sabawoon Salim Construction Co. confirms that it has not filed any liens or abstracts of judgment or other notices related to the Judgment.
6. All parties agree that each party shall bear their own fees and costs, including but not limited to, the costs and expenses allowable by law in connection with the Petition and this stipulation and related Judgment.
[PROPOSED] ORDER
Pursuant to the Stipulation and Federal Rule of Civil Procedure 60(b)(5) and 60(b)(6) as well as for good cause shown, IT IS HEREBY ORDERED as follows:
1) the Judgment (DE 26) is fully satisfied by Respondent and Judgment Debtor ECC Centcom Constructors LLC (incorrectly identified as ECC-CENTCOM Constructors, LLC in the Judgment) (collectively, "ECC-C") and, therefore, the Judgment is no longer of any force or effect as to ECC-C;
2) Sections (1), (2) and (3) on page 5 of the Judgment (specifically, those obligations at page 5, lines 4 through 142) have also been fully satisfied by Respondent and Judgment Debtor ECC International, LLC (incorrectly named in the Judgment as ECCI International, LLC) (collectively, "ECCI") and, therefore, those sections of the Judgment are no longer of any force or effect as to any person or entity including ECCI;
3) Section (4) of the Judgment (specifically, those obligations at page 5, lines 15 through 22) is the only portion of the Judgment that remains in force and effect and it applies to ECCI only;
4) in light of the foregoing, this Court's Judgment is modified as of this date so that the only portion of the Judgment that remains in force and effect against any person is the following portion of the Judgment that remains in force and effect as to ECCI only:
"ECCI shall do the following with respect to Subcontract SCC.Subk.5901.000 which is attached to the Petition as Exhibit 3:
A. negotiate in good faith to maximize the Claim that ECCI has submitted to the United States Corp of Engineers ("USACE") for extra compensation related to the delays associated with the change in security posture at the SOF compound (the "Claim");
B. provide periodic reports to SSCC on negotiation of the Claim with USACE; and
C. promptly pay Petitioner SSCC all amounts paid to it by USACE that are paid for SSCC's part of the Claim."
IT IS SO ORDERED.
