Opinion
Case No. C12-02738 EMC
03-14-2013
MERAS ENGINEERING INC., a California Corporation, and CHAD WALROD, Plaintiffs, v. CH2O, Inc., a Washington Corporation, Defendant(s)
CARLE, MACKIE, POWER & ROSS LLP DAWN M. ROSS KIMBERLY CORCORAN Attorneys for Plaintiffs DAVIES PEARSON, P.C. PETER T. PETRICH REBECCA M. LARSON Appearance Pro Hac Vice Attorneys for Defendant CH 2
DAWN M. ROSS (SBN 143028)
KIMBERLY CORCORAN (148229) CARLE, MACKIE, POWER & ROSS LLP
Attorneys for Plaintiffs
(1) STIPULATION RE: DISMISSAL (FRCP 10(a)) and (2) [PROPOSED] ORDER OF DISMISSAL
Complaint Filed: 05/29/2012
Honorable Edward M. Chen
I.
STIPULATION RE: DISMISSAL
Plaintiffs Meras Engineering and Chad Walrod (herein "Plaintiffs"), on the one hand, and Defendant CH2O Inc. ("herein Defendant"), on the other hand, hereby stipulate as follows:
WHEREAS, Plaintiffs filed the complaint in this action on May 29, 2012 (docket 1); and
WHEREAS, Defendant filed an answer to the complaint on July 12, 2012 (docket 14); and
WHEREAS, on January 14, 2013, the Court issued an order in a Related Case, Meras Engineering Inc., et al. v. CH2O, Inc., et al., Case number C 3:11-00389 EMC (docket 87 in case C 3:11-00389 EMC), by which that Related Case was dismissed on the basis of a contractual choice of venue clause;
WHEREAS, the parties to this case reviewed the contractual language at issue in this case and determined that it was sufficiently similar that the court may dismiss this action as well on the basis of contractual venue, even though the parties still dispute the enforceability of the subject venue clause;
WHEREAS, there is already an action pending between CH2O, Inc. and Chad Walrod in the Washington State courts on issues that are similar to those presented by this case; and
WHEREAS, the parties to this case have entered into an agreement by which they mutually waive fees and costs related to this action in contemplation of the parties' mutual agreement to dismiss this case without prejudice.
NOW THEREFORE, the parties agree as follows:
1. The foregoing recitals are hereby incorporated by this reference.
2. In consideration of this Stipulation, the parties agree to a full and complete mutual waiver of any claim for any attorneys' fees or costs incurred to date in the prosecution and defense of this action as set forth in the parties' "Mutual Waiver of Fees and Costs re: California-Based Action."
3. Plaintiffs shall file this Stipulation with the Court, requesting an order dismissing this action without prejudice
Respectfully Submitted,
CARLE, MACKIE, POWER & ROSS LLP
By: ________
DAWN M. ROSS
KIMBERLY CORCORAN
Attorneys for Plaintiffs
DAVIES PEARSON, P.C.
By: ________
PETER T. PETRICH REBECCA M. LARSON
Appearance Pro Hac Vice
Attorneys for Defendant CH2O, Inc.
II.
[PROPOSED] ORDER
Pursuant to the foregoing stipulation, and good cause appearing therefor, it is hereby ordered that this action is hereby dismissed without prejudice.
The Clerk of the Court is directed to close this matter.
IT IS SO ORDERED.
________
The Honorable Edward M. Chen
Judge of the United States District Court