Adobe Lumber Inc v. Hellman and Wells Fargo Bank, N.A. et al
Filing
433
ORDER signed by Judge William B. Shubb on 3/4/2010 GRANTING 381 Motion for Settlement and Order barring contribution claims.(Matson, R)
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Thomas M. Donnelly (State Bar No. 136546) tmdonnelly@jonesday.com David C. Kiernan (State Bar No. 215335) dkiernan@jonesday.com James L. Mink (State Bar No. 219267) jlmink@jonesday.com JONES DAY 555 California Street, 26th Floor San Francisco, CA 94104-1500 Telephone: (415) 626-3939 Facsimile: (415) 875-5700 Attorneys for Defendants HELLMAN TRUSTEES UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ADOBE LUMBER, INC., a California corporation, Plaintiff, v. F. WARREN HELLMAN and WELLS FARGO BANK, N.A., as Trustees of Trust A created by the Estate of Marco Hellman; F. WARREN HELLMAN as Trustee of Trust B created by the Estate of Marco Hellman; THE ESTATE OF MARCO HELLMAN, DECEASED; WOODLAND SHOPPING CENTER, a limited partnership; JOSEPH MONTALVO, an individual; HAROLD TAECKER, an individual; GERALDINE TAECKER, an individual; HOYT CORPORATION, a Massachusetts corporation; PPG INDUSTRIES, INC., a Pennsylvania corporation; OCCIDENTAL CHEMICAL CORPORATION, a New York corporation; CITY OF WOODLAND; and ECHCO SALES & EQUIPMENT CO., Defendants. AND RELATED COUNTERCLAIMS, CROSS-CLAIMS AND THIRD-PARTY COMPLAINTS Case No.: 2:05-CV-01510-WBS-EFB ORDER GRANTING MOTION FOR APPROVAL OF SETTLEMENT AND ORDER BARRING CONTRIBUTION CLAIMS Date: Time: Courtroom: Judge: February 1, 2010 2:00 p.m. No. 5, 14th Floor Hon. William B. Shubb
[PROPOSED] ORDER ON MTN FOR APPROVAL OF SETTLEMENT Case No. 2:05-cv-01510-WBS-EFB
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The Court has considered the Motion of defendants F. WARREN HELLMAN and WELLS FARGO BANK, N.A., as Trustees of Trust A created by the Estate of Marco Hellman, and F. WARREN HELLMAN, as Trustee of Trust B created by the Estate of Marco Hellman (collectively, the "Hellman Trustees"), for Approval of Settlement and Order Barring Contribution Claims ("Motion"). Having read and considered the Motion and good cause appearing, IT IS HEREBY ORDERED THAT: 1. The settlement agreement between the Hellman Trustees, on the one hand, and
plaintiff Adobe Lumber, Inc., third-party defendants Joe Rossi, Bill Rossi and Rossi Development, and third-party defendant Channel Lumber Co. (collectively, the "Settling Plaintiffs"), on the other hand, is approved; 2. All claims of the Settling Plaintiffs against the Hellman Trustees are dismissed
with prejudice; 3. All claims of the Hellman Trustees against the Settling Plaintiffs are dismissed
with prejudice; 4. All claims against the Hellman Trustees by all other parties to this action are
dismissed with prejudice; 5. All claims by the Hellman Trustees against all other parties to this action are
dismissed with prejudice; 6. All claims that were or could have been asserted against the Hellman Trustees for
contribution or indemnity related to this action or the matters addressed in the settlement agreement are barred, whether such claims are brought pursuant to federal or state law; [and] 7. The provisions of the Uniform Comparative Fault Act apply with respect to the
effect of the settlement[.] [; and, (if the Court finds that it applies)] 8. § 877.6.] Dated: March 4, 2010
[PROPOSED] ORDER ON MTN FOR APPROVAL OF SETTLEMENT Case No. 2:05-cv-01510-WBS-EFB
[The settlement satisfies the requirements of California Code of Civil Procedure
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