Peaceful View Properties LLC et al v. Bank of America NA et al

Filing 84

ORDER FOR DISMISSAL WITH PREJUDICE PURSUANT TO SETTLEMENT; F.R. CIV. P. 41(A)(2) by Judge Christina A. Snyder: Upon Stipulation 83 , IT IS HEREBY ORDERED that: Capitalized terms not defined in this order shall have the meanings ascribed thereto in t he Settlement Agreement. This action, including the complaint and all counter- and cross-claims, are hereby dismissed with prejudice; provided, however, that this dismissal does not affect: (a) Bank's rights under and to enforce the PVP Loan Doc uments in the event of a default thereunder after the Closing; and (b) any rights which Bank may have to recover from a Sorensen Party or Parties if Bank is forced to or reasonably determines to return or pay to a trustee, debtor in possession or sim ilar creditor representative amounts paid to Bank under the L/C Agreement or the Settlement Agreement if such payment is alleged to be a "preference," fraudulent transfer or similarly avoidable transfer. No costs or attorney fees shall be awarded in this action. Nothing in this order alters the terms of the Settlement Agreement providing for the payment and recovery of attorney fees, costs and other expenses. ( Case Terminated. Made JS-6. ) (gk)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA – WESTERN DIVISION

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PEACEFUL VIEW PROPERTIES, LLC
and D. STEPHEN SORENSEN,
individually and as Trustee of the
SORENSEN FAMILY TRUST,

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Plaintiffs,

Case No. CV 12-09212 CAS (AJWx)
[PROPOSED] ORDER FOR
DISMISSAL WITH PREJUDICE
PURSUANT TO SETTLEMENT;
F.R. CIV. P. 41(A)(2)

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vs.
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BANK OF AMERICA, N.A.,
THE TRAVELERS INDEMNITY
COMPANY, and DOES 1 through 50,
inclusive,
Defendants.

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AND RELATED COUNTER-CLAIMS

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ORDER FOR DISMISSAL
12004.002 - 236522.1

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This case having been settled pursuant to a Settlement Agreement dated as of

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July 8, 2014, a copy of which without exhibits has been filed with the Court, and

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pursuant to the stipulation of the parties.

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IT IS HEREBY ORDERED:

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1.

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Capitalized terms not defined in this order shall have the meanings

ascribed thereto in the Settlement Agreement.
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This action, including the complaint and all counter- and cross-claims,

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are hereby dismissed with prejudice; provided, however, that this dismissal does not

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affect: (a) Bank’s rights under and to enforce the PVP Loan Documents in the event

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of a default thereunder after the Closing; and (b) any rights which Bank may have to

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recover from a Sorensen Party or Parties if Bank is forced to or reasonably determines

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to return or pay to a trustee, debtor in possession or similar creditor representative

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amounts paid to Bank under the L/C Agreement or the Settlement Agreement if such

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payment is alleged to be a “preference”, fraudulent transfer or similarly avoidable

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transfer.

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3.

No costs or attorney fees shall be awarded in this action. Nothing in this

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order alters the terms of the Settlement Agreement providing for the payment and

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recovery of attorney fees, costs and other expenses.

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IT IS SO ORDERED.

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Dated: July 23, 2014

By:____________________________
Hon. Christina A. Snyder
United States District Court Judge

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ORDER FOR DISMISSAL
12004.002 - 236522.1