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GCUBE INSURANCE SERVICES, INC. v. LINDSAY CORPORATION, 2:12-CV-01163-WBS-CKD. (2014)

Court: District Court, E.D. California Number: infdco20140226a48 Visitors: 12
Filed: Feb. 24, 2014
Latest Update: Feb. 24, 2014
Summary: STIPULATION AND [ PROPOSED ] ORDER THAT THE SETTLEMENT BETWEEN THIRD PARTY DEFENDANT LLOYD W. AUBRY CO., INC. AND THIRD PARTY PLAINTIFF, LINDSAY CORPORATION IS A GOOD FAITH SETTLEMENT PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE 877.6 WILLAIM B. SHUBB, District Judge. Whereas, Defendant/Third-Party Plaintiff LINDSAY CORPORATION, has agreed to settle its Third Party claim against LLOYD W. AUBRY CO., INC. in exchange for payment by or on behalf OF LLOYD W. AUBRY, CO., INC. to LINDSAY CORP
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STIPULATION AND [PROPOSED] ORDER THAT THE SETTLEMENT BETWEEN THIRD PARTY DEFENDANT LLOYD W. AUBRY CO., INC. AND THIRD PARTY PLAINTIFF, LINDSAY CORPORATION IS A GOOD FAITH SETTLEMENT PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE §877.6

WILLAIM B. SHUBB, District Judge.

Whereas, Defendant/Third-Party Plaintiff LINDSAY CORPORATION, has agreed to settle its Third Party claim against LLOYD W. AUBRY CO., INC. in exchange for payment by or on behalf OF LLOYD W. AUBRY, CO., INC. to LINDSAY CORPORATION in the total amount of $50,000.

By and through its counsel of record, each remaining party in this litigation hereby stipulates that this settlement is a "Good Faith Settlement" as that term is used in California code of Civil Procedure § 877.6 and that by this settlement all further claims against LLOYD W. AUBRY CO., INC. for equitable comparative contribution, partial or comparative indemnity, comparative negligence or comparative fault are barred. The parties hereby agree this stipulation may be executed in counterparts by way of original and/or facsimile signatures.

ORDER

All Parties having stipulated for an order determining the good faith of the settlement between Third Party Plaintiff Lindsay Corporation and Third Party Defendant Lloyd W. Aubry Co., Inc. pursuant to California Code of Civil Procedure §877.6, the court finds and orders as follows:

There appearing to the satisfaction of the court that the settlement between Third Party Plaintiff Lindsay Corporation on one hand, and Lloyd W. Aubry Co., Inc. on the other hand, is a good faith settlement within the meaning and effect of California Code of Civil Procedure § 877.6 Accordingly, all further claims against Lioyd W. Aubry Co., Inc. for equitable comparative contribution, partial or comparative indemnity, comparative negligence or comparative fault are barred.

Source:  Leagle

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