Adobe Lumber Inc v. Hellman and Wells Fargo Bank, N.A. et al
Filing
434
ORDER signed by Judge William B. Shubb on 3/4/2010 GRANTING 415 Motion for Approval of Settlement and Order barring contribution claims by Joseph Montalvo. (Matson, R)
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DOWNEY BRAND LLP STEVEN H. GOLDBERG (Bar No. 140039) JENNIFER HARTMAN KING (Bar No. 211313) 621 Capitol Mall, 18th Floor Sacramento, CA 95814-4731 Telephone: (916) 444-1000 Facsimile: (916) 444-2100 sgoldberg@downeybrand.com jhking@downeybrand.com Attorneys for Defendants JOSEPH MONTALVO, as General Partner of Woodland Shopping Center, a limited partnership, erroneously sued as an individual, and WOODLAND SHOPPING CENTER, a limited partnership
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; 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 ALL RELATED ACTIONS.
Case No. 2:05-CV-01510-WBS-EFB ORDER GRANTING MOTION FOR APPROVAL OF SETTLEMENT AND ORDER BARRING CONTRIBUTION CLAIMS Date: Time: Courtroom: Judge: March 1, 2010 2:00 p.m. No. 5, 14th Floor Hon. William B. Shubb
1054258.2
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[PROPOSED] ORDER FOR APPROVAL OF SETTLEMENT & ORDER BARRING CONTRIBUTION CLAIMS
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1054258.2
The Court has considered the Motion of defendants JOSEPH MONTALVO, as General Partner of Woodland Shopping Center, a limited partnership, erroneously sued as an individual, and WOODLAND SHOPPING CENTER, a limited partnership (collectively, "WSC"), 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 WSC, on the one hand, and plaintiff Adobe
Lumber, Inc., third-party defendants Joseph Rossi, Bill Rossi and Rossi Development, and thirdparty defendant Channel Lumber Co. (collectively, the "Settling Plaintiffs"), on the other hand, is approved; 2. 3. 4. prejudice; 5. All claims that were or could have been asserted against WSC for contribution or All claims of the Settling Plaintiffs against WSC are dismissed with prejudice; All claims of WSC against the Settling Plaintiffs are dismissed with prejudice; All claims against WSC by all other parties to this action are dismissed with
indemnity that relate to or arise from the matters addressed in the action are barred, whether such claims are brought pursuant to federal or state law; [and] 6. 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)] 7. section 877.6.] DATED: March 4, 2010 [The settlement satisfies the requirements of California Code of Civil Procedure
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[PROPOSED] ORDER FOR APPROVAL OF SETTLEMENT & ORDER BARRING CONTRIBUTION CLAIMS
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