Free Stipulation - District Court of Delaware - Delaware

Case 1:O4—cv-01416-JJF Document 71 Filed O2/20/2006 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, for )
the Use and Benefit of JERSEY SHORE )
AUTOMATION, INC., a New Jersey )
corporation, )
)
Plaintiff; ) C.A. NO. O4-l4l6 (UP)
-
v, )
)
CHUGACH SUPPORT SERVICES, )
INC., an Alaska corporation, and SAFECO )
INSURANCE COMPANY OF AMERICA, )
a Washington corporation, )
)
Defendants. )
STIPULATION
WHEREAS, Plaintiff, Jersey Shore Automation, Inc. (hereinafter "Jersey Shore") tiied
this action seeking damages against Defendants Chtigach Support Services, Inc. (hereinafter
"Chagach”) and Safeco Insurance Company of America (hereinafter "Safeco"); and,
WHEREAS, Chugach answered and brought counterclaims against Jersey Shore; and,
WHEREAS, this Court has jurisdiction over this matter pursuant to the Miller Act, 40
U.S.C. § 271 et. seq. and over the State and common law claims and counterclaiins pursuant to
18 U.S.C. § 1332, the doctrine of pendent jurisdiction and Rule I3 ofthe Federal Rules of Civil
Procedure; and,
WHEREAS, Pursuant to the Local Rules of Civil Practice and Procedure of the United
States District Court for the District of Delaware, Rule 83.7, Connolly Bove Lodge & Hutz LLP
and James D. Heisman and M. Edward Danberg (collectively "Connoily Bove") have moved to
withdraw as counsel in this action for Plaintiff, Jersey Shore Automation, Inc; and,
WHEREAS, Jersey Shore has consented to the withdrawal of Connolly Bove, and,

Case 1 :04-cv-01416-JJF Document 71 Filed O2/20/2006 Page 2 of 3
WHEREAS, Withdrawal is appropriate under the Model Rules of Professional Conduct
of the American Bar Association (the "l\/lodel Rules"); and,
WHEREAS, Defendants Chugach and Safeco consent to the withdrawal of Connolly
Bove provided the parties and Connolly Hove agree to the judgments and eritry of judgments as
set forth below.
WHEREFORE, subject to the immediately foregoing recital, the parties stipulate and
request the Court to order as follows:
l. The Motion to Withdraw of Connolly Bove Lodge & Hutz, J arnes D. Heisman
and M. Edward Danberg as counsel for Jersey Shore Automation, Inc. in this
matter is granted.
2. Jersey Shore Automation, Inc. shall have thirty (30) days from the date of the
parties’ execution of this Stipulation within which to obtain substitute counsel in
this action.
3. In the event new counsel for Jersey Shore has not entered an appearance within
thirty (30) days of the parties? execution of this Stipulation, the Court hereby
grants and shall enter final judgment in favor of Defcndarit/Counterclaiin
Plaintiff Chugach Support Services, Inc. and against Plaintiff/Cottnterclaim
Defendant Jersey Shore Automation, lnc. on Chugach’s Ccunterclaiin Count l
for breach of contract in the amount of two million tive: hundred tifty—two
thousand tive hunmed thirty-three dollars ($2,552,533), said judgment to bear
interest at the legal judgment rate(s) from the date of the entry of judgment, and
the Court hereby grants and shall enter final judgment in favor of
Defendant/Counterclaim Plaintiff Chugach Support Services, Inc. and Defendant
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Case 1 :04-cv-01416-JJF Document 71 Filed O2/20/2006 Page 3 of 3
Safeco Insurance Company of America and against Plaintiff/Couiiterclaim
Defendant Jersey Shore Automation, inc. dismissing with prejudice all of Jersey
Shore’s claims against Chugach and Safeco. All of Chngach and Safeco’s
remaining claims against Jersey Shore shall be dismissed with prejudice; subject ,
however, to Chugach and Safeco’s right to proceed with these claims shouid the
Court grant relief trom the judgment pursuant to F.R.Civ.P. 59 or 60.
4. Nothing herein shall operate as a waiver ot`, limitation on or forbearance
with respect to the rights and remedies of Chugach and Safeco. All such rights _
and remedies, and the exercise thereof, are expressiy and fully preserved.
Stipulated and Agreed to this 20th day of February, 2006.
Connolly Bova Lodge & Hutz LLP The Lyons Law Firm
/s/ James D. Heisman /s/ Edmund D. Lyons, Jr.
James D. Heisman (# 2746) Edmund D. Lyons, Jr. (# 881)
M. Edward Danberg (# 2245) l526 Gilpin Avenue
lt)07 N. Orange Street Wilmington, DE I9806
P. O. Box 2207 (302) 777-5698
Wilmington, DE 19899
(302) 658-9414 OF COUNSEL:
Attorneys for Plainrw Birch, Horton, Bittner and Cherot
Harvey A. Levin, Esquire
115 Connecticut Ave., NSW.
Suite 1200
Washington, DC 20036
Attorneys for Defendmzrs
SO ORDERED, THIS ____ DAY OF FEBRUARY, 2006.
Joseph J. Farnan, Jr.
United States District Judge
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