Michael Zeleny v. David Amir Makov et al

Filing 63

ORDER DISMISSING CASE by Judge Gary A. Feess. The Court having considered the parties Stipulation For Dismissal Of Action Without Prejudice, and good cause having been shown, IT IS HEREBY ORDERED that this action is DISMISSED WITHOUT PREJUDICE (Made JS-6. Case Terminated.) (rfi)

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David W. Affeld (State Bar No. 123922)
Loren J. Beck (State Bar No. 241610)
Affeld Grivakes Zucker LLP
12400 Wilshire Boulevard, Suite 1180
Los Angeles, California 90025
Telephone [phone]
Facsimile [phone]

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Attorneys for Plaintiff Michael Zeleny

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UNITED STATES DISTRICT COURT

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FOR THE CENTRAL DISTRICT OF CALIFORNIA

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MICHAEL ZELENY, an individual;

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Plaintiff,
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vs.
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DAVID AMIR MAKOV, an individual; and DOES )
1-50, inclusive,
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Defendants.
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CASE NO. CV11-02565 GAF(VBKX)
ORDER GRANTING STIPULATION
FOR DISMISSAL OF ACTION
WITHOUT PREJUDICE

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-1ORDER GRANTING STIPULATION RE: DISMISSAL OF ACTION WITHOUT PREJUDICE

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The Court having considered the parties’ Stipulation For Dismissal Of Action Without
Prejudice, and good cause having been shown, ORDERS that this action is DISMISSED WITHOUT
PREJUDICE.
The Court further ORDERS that:
1.

Zeleny may refile this action, but only in California state court, and only if he does so

within forty-five (45) days from the date this action is dismissed pursuant to this Stipulation.
Thereafter, Zeleny shall be barred from refiling this action (or any action or claim against Makov
relating to the allegations in this action) in any court. If Zeleny does refile this action in California
state court within the time permitted under this paragraph, he stipulates that he will not claim
damages (including any costs, fees, interest, penalties, punitive damages, or any form of damage or
compensation whatsoever) in excess of $75,000, and he will assert only the single claim for relief,
for intentional infliction of emotional distress, that currently remains in the instant action. Makov
will not challenge the sufficiency of the pleading, provided that it is substantively the same as the
Complaint in the instant action. Makov authorizes Kirkland & Ellis LLP, to accept service of
process for a re-filed California state court action on Makov’s behalf, which may be effected by
email (.pdf format) to Andrew Genser of Kirkland & Ellis LLP, to be deemed personal service on
the date emailed if served before 5 p.m. EST, or on the following court day if served later in the day.
2.

All applicable statutes of limitation related to a re-filed action described above shall

be deemed to be tolled from March 28, 2011, until forty-five days from the date this action is
dismissed pursuant to this Stipulation. If (and only if) Zeleny does re-file this action in California
state court within forty-five (45) days from the date this action is dismissed by this Court, the state
court complaint shall be deemed for purposes of time-related defenses, including without limitation
statutes of limitation, statutes of repose, and laches, to have been filed on March 28, 2011.
3.

Neither party shall be deemed a prevailing party in this action. Each party shall bear

his fees and costs incurred in this action.

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-2ORDER GRANTING STIPULATION RE: DISMISSAL OF ACTION WITHOUT PREJUDICE

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4.

This Court shall retain jurisdiction over this matter to the extent necessary to enforce

the terms of the Stipulation, even after dismissal of this action pursuant to the Stipulation.

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IT IS SO ORDERED.

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DATED: March 14, 2013

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Honorable Gary A. Feess

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-3ORDER GRANTING STIPULATION RE: DISMISSAL OF ACTION WITHOUT PREJUDICE