Gallo Glass Company v. Special Shapes Refractory Company, Inc. et al, No. 1:2016cv01446 - Document 60 (E.D. Cal. 2018)

Court Description: ORDER ADOPTING 55 FINDINGS AND RECOMMENDATIONS;The settlement between Nikloaus Sorg GMBH & Company KG and Gallo Glass Company be found as made and entered into in good faith;Cross-Claim filed with this Court by Special Shapes Refractory Company is hereby DISMISSED WITH PREJUDICE, signed by Chief Judge Lawrence J. O'Neill on 11/16/18. (Martin-Gill, S)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GALLO GLASS COMPANY 12 13 14 15 Plaintiff, v. SPECIAL SHAPES REFRACTORY COMPANY, INC., and NIKOLAUS SORG GMBH & COMPANY KG, 16 Case No. 1:16-cv-01446 LJO-BAM ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (Doc. 55) Defendants 17 18 19 20 21 22 23 NIKOLAUS SORG GMBH & COMPANY KG, Cross-Claimant v. SPECIAL SHAPES REFRACTORY COMPANY, INC., Cross-Defendant. 24 25 On September 17, 2018, the Magistrate Judge issued Findings and Recommendations that 26 the motion for good faith settlement determination by Defendant/Cross-Claimant/Cross-Defendant, 27 NIKOLAUS SORG GMBH & COMPANY KG’s (“SORG”) be granted. This Findings and 28 Recommendation was served on all parties and contained notice that any objections were to be filed 1 1 within fifteen (15) days of the date of service of the order. No objections were filed. 2 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), this Court has conducted a 3 de novo review of the case. Having carefully reviewed the file, the Court concludes that the 4 Magistrate Judge’s Findings and Recommendations is supported by the record and proper analysis. 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. FULL; 7 8 The Findings and Recommendations issued September 17, 2018, is ADOPTED IN 2. The settlement between Nikloaus Sorg GMBH & Company KG and Gallo Glass 9 Company be found as made and entered into in good faith pursuant to Code Civ. 10 Proc. § 877.6(a)(1) and (c) and in accordance with Tech-Bilt, Inc. v. 11 WoodwardClyde & Assoc., 38 Ca1.3d 488, 494 (1985); 12 3. Any party, person or entity is barred from maintaining or making any future 13 claim(s) against Nikloaus Sorg GMBH & Company KG for equitable comparative 14 contribution or for partial or complete comparative indemnity, under common law 15 or statute, or based upon principles of comparative negligence or comparative fault based upon the claims at issue in this matter; and 16 17 4. The Cross-Claim filed with this Court by Special Shapes Refractory Company (Case No.: 1:16-CV-01446-LJO-BAM) which alleges causes of action for Implied and 18 Equitable Indemnity, Contribution and Declaratory Relief against Nikloaus Sorg 19 GMBH & Company KG is hereby DISMISSED WITH PREJUDICE. 20 21 22 23 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill _____ November 16, 2018 UNITED STATES CHIEF DISTRICT JUDGE 24 25 26 27 28 2