Case :-md-0-mmc Document Filed 0// Page of 0 Kenneth C. Ward (Bar No. ) kcward@archernorris.com John L. Kortum (Bar No. ) jkortum@archernorris.com Allan L. Isbell (Bar No. 0) aisbell@archernorris.com ARCHER NORRIS 0 North Main Street, Suite 00 Walnut Creek, CA - Telephone:.0.00 Facsimile:.0.0 Attorneys for Defendant UNITED STATES OF AMERICA UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION IN RE: YOSEMITE NATIONAL PARK HANTAVIRUS LITIGATION THIS DOCUMENT RELATES TO: ALL CASES MDL Docket No. C - MMC STIPULATION RE DISMISSAL OF THE UNITED STATES; The Hon. Maxine M. Chesney 0 RECITALS. WHEREAS the case captioned Harrison, et al. v. DNC Parks & Resorts at Yosemite, Inc., et al. (Case No. :-0(N.D. Cal.)), which is part of this multi-district litigation, is set for trial in this Court on April, 0;. WHEREAS Harrison plaintiffs have asserted claims against the United States in Harrison, et al. v. DNC Parks & Resorts at Yosemite, Inc., et al. (Case No. :-0(N.D. Cal.)), and Delaware North Companies Parks & Resorts at Yosemite, Inc., Delaware North Companies Parks & Resorts, Inc., Delaware North Companies, Inc., and DNC Parks & Resorts MDL Docket No. C- MMC
Case :-md-0-mmc Document Filed 0// Page of 0 0 Reservations, Inc., have asserted cross-claims against the United States in Harrison, et al. v. DNC Parks & Resorts at Yosemite, Inc., et al. (Case No. :-0(N.D. Cal.)), as well as in Carrillo v. DNC Parks & Resorts at Yosemite, Inc., et al. (Case No. -0000 (E.D. Cal)); Mann et al. v. DNC Parks & Resorts at Yosemite, Inc., et al. (Case No. :-0 (E.D. Cal.)); Badani et al. v. DNC Parks & Resorts at Yosemite, Inc., et al. (Case No. :-00); and Garisto et al. v. DNC Parks & Resorts at Yosemite, Inc., et al. (Case No. :- (M.D. Pa.)), that remain pending.. WHEREAS the plaintiffs in the Harrison case would now dismiss their remaining claims against the United States with prejudice;. WHEREAS cross-claimants Delaware North Companies Parks & Resorts at Yosemite, Inc., Delaware North Companies Parks & Resorts, Inc., Delaware North Companies, Inc., DNC Parks & Resorts Reservations, Inc., and DNC Parks & Resorts Reservations, Inc., would now dismiss their remaining cross-claims against the United States with prejudice in all cases;. WHEREAS the United States is willing to waive its costs of defense in exchange for dismissals with prejudice by plaintiffs and all cross-claimants;. AND WHEREAS the result of the dismissals is that there will only be a jury trial in this Court on April, 0, of the Harrison case against defendants Delaware North Companies Parks & Resorts at Yosemite, Inc., Delaware North Companies Parks & Resorts, Inc., Delaware North Companies, Inc., and DNC Parks & Resorts Reservations, Inc.; THE PARTIES TO THE ACTION AGREE AS FOLLOWS: a. The plaintiffs in the Harrison case agree to the dismissal of their remaining claims against the United States with prejudice; b. Delaware North Companies Parks & Resorts at Yosemite, Inc., Delaware North Companies Parks & Resorts, Inc., Delaware North Companies, Inc., and DNC Parks & Resorts Reservations, Inc., agree to the dismissal of their remaining crossclaims in all cases against the United States with prejudice; c. In consideration of the dismissals contemplated by this stipulation, the United States waives any claims for defense fees and costs as against the Harrison MDL Docket No. C- MMC
Case :-md-0-mmc Document Filed 0// Page of plaintiffs and as against Delaware North Companies Parks & Resorts at Yosemite, Inc., Delaware North Companies Parks & Resorts, Inc., Delaware North Companies, Inc., and DNC Parks & Resorts Reservations, Inc. 0 0 THE BOCCARDO LAW FIRM, INC. By: /s/ James P. Collins JAMES P. COLLINS Attorneys for Plaintiffs CHRISTOPHER J. HARRISON and FELICIA I. TORNABENE WOOD, SMITH, HENNING & BERMAN LLP By: /s/ Patrick S. Schoenburg PATRICK S. SCHOENBURG JACOB A. GELEGAN Attorneys for Defendants DELAWARE NORTH COMPANIES, INC.; DELAWARE NORTH COMPANIES PARKS & RESORTS, INC.; DNC PARKS & RESORTS AT YOSEMITE, INC.; and DNC PARKS & RESORTS RESERVATIONS, INC. PHILLIPS LYTLE LLP By: /s/ Kevin J. English KEVIN J. ENGLISH DANIEL R. MAGUIRE Attorneys for Defendants DELAWARE NORTH COMPANIES, INC.; DELAWARE NORTH COMPANIES PARKS & RESORTS, INC.; DNC PARKS & RESORTS AT YOSEMITE, INC.; and DNC PARKS & RESORTS RESERVATIONS, INC. MDL Docket No. C- MMC
Case :-md-0-mmc Document Filed 0// Page of 0 0 U.S. DEPARTMENT OF JUSTICE By: /s/ Adam Bain ADAM BAIN MICHELE GREIF KERI L. BERMAN RAWLE & HENDERSON, LLP By: /s/ Mary Ann Capriotti JOHN J. SNYDER TARA GILL NALENCZ MARY ANN CAPRIOTTI ARCHER NORRIS By: John L. Kortum KENNETH C. WARD JOHN LAUCHLAN KORTUM ALLAN ISBELL MDL Docket No. C- MMC
Case :-md-0-mmc Document Filed 0// Page of ORDER The Court orders as follows: i. Plaintiffs remaining claims against the United States in Harrison, et al. v. DNC Parks & Resorts at Yosemite, Inc., et al. (Case No. :-0(N.D. Cal.) are HEREBY DISMISSED WITH PREJUDICE. 0 ii. iii. Delaware North Companies Parks & Resorts at Yosemite, Inc., Delaware North Companies Parks & Resorts, Inc., Delaware North Companies, Inc., and DNC Parks & Resorts Reservations, Inc. remaining cross claims against the United States in Harrison, et al. v. DNC Parks & Resorts at Yosemite, Inc., et al. (Case No. :-0(N.D. Cal.)); Carrillo v. DNC Parks & Resorts at Yosemite, Inc., et al. (Case No. -0000 (E.D. Cal)); Mann et al. v. DNC Parks & Resorts at Yosemite, Inc., et al. (Case No. :-0 (E.D. Cal.)); Badani et al. v. DNC Parks & Resorts at Yosemite, Inc., et al. (Case No. :-00); and Garisto et al. v. DNC Parks & Resorts at Yosemite, Inc., et al. (Case No. :- (M.D. Pa.)), are HEREBY DISMISSED WITH PREJUDICE. The parties are to bear their own costs with respect to these dismissals 0 SO ORDERED DATED: February, 0 MAXINE M. CHESNEY UNITED STATES DISTRICT JUDGE AIGX0/-0-0- MDL Docket No. C- MMC