Was Money Paid? LafargeHolcim Of Switzerland Reports First Libertad Act Lawsuit Settlement To Court; Both Sides To "Bear Its Own Attorney's Fees, Costs And Expenses"

UPDATE: Statement received on 30 June 2021 from LafargeHolcim: "The parties, with the assistance of Philips ADR, are pleased to have reached an agreement resolving this matter. The terms of the agreement are confidential and we decline to comment further."

WILLIAM H. CLAFLIN ET AL V. LAFARGEHOLCIM LTD; INVERSIONES IBERSUIZAS S.A.; HOLCIM TRADING SA (F/K/A) UNION MARITIMA INTERNACIONAL SA; DE RUITER OUDERLANDE B.V.; LAS PAILAS DE CEMENTO S.A.U.; and UNKNOWN SUBSIDIARY OF THE LAFARGEHOLCIM GROUP [1:20-cv-23787; Southern Florida District].

Berliner Corcoran & Rowe LLP (plaintiff)
Roig Lawyers (plaintiff)
Fields PLLC (plaintiff)
Roig, Tutan, Rosenberg, Martin & Bellido (plaintiff)
Wilkie, Farr & Gallagher (defendant)

JOINT STIPULATION FOR VOLUNTARY DISMISSAL WITH PREJUDICE (06/22/21)

IT IS HEREBY STIPULATED AND AGREED by and between the parties through undersigned counsel that the above-captioned action is dismissed, with prejudice, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). The parties further stipulate that each party shall bear its own attorneys’ fees, costs and expenses.

PLAINTIFFS’ AMENDED STATUS REPORT REGARDING SERVICE UPON FOREIGN DEFENDANTS (06/18/21)

Plaintiffs, through their undersigned counsel, respectfully submit their Amended Status Report Regarding Service Upon Foreign Defendants. On June 1, 2021, pursuant to the Court’s May 26, 2021 Order (Dkt. 39), Plaintiffs submitted their Status Report Regarding Service Upon Foreign Defendants (Dkt. 41), reporting, inter alia, “[t]hat the process of serving the remaining foreign defendants remains underway.” The foreign defendants who have not been served are Inversiones Ibersuizas S.A.; Holcim Trading SA (F/K/A) Union Maritima Internacional SA; de Ruiter Ouderlande B.V.; and Las Pailas de Cemento S.A.U. (“Foreign Defendants”).*In addition, Plaintiffs informed the Court that Plaintiffs and LafargeHolcim had “reached an agreement in principle to settle this action in its entirety” and that the parties were “working diligently to consummate their settlement agreement and expect that the agreement will be completed on or before June 28, 2021.” (Dkt. 41). * Plaintiffs did not request that Clerk of the Court issue a summons to Defendant Unknown Subsidiary of the LafargeHolcim Group.

The settlement was finalized on June 17, 2021. Immediately after the settlement was finalized, Plaintiffs’ counsel instructed Plaintiffs’ vendor, TransPerfect Legal Solutions, to request cancellation of Hague Convention service upon the Foreign Defendants. TransPerfect has confirmed that its foreign partner has requested cancellation of service upon the Foreign Defendants.

LINK TO: With First Libertad Act Lawsuit Settlement, How Will Effectiveness And Deterrence Be Measured? Has It Worked? May Never Know… That’s A Problem. Settlements Must Be Disclosed (20 June 2021)

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