Sinclair et al v. Fox Hollow, et al

Filing 1187

STIPULATION and ORDER for Dismissal between Plaintiffs and Certain Defendants Only, signed by District Judge Anthony W. Ishii on 9/4/15. Defendants Stanley M. Flake, Stanley M. Flake, as Trustee of the Julie Insurance Trust, Stanley M. Flake, as Trustee of the Capstone Trust, and Stanley Flake, as Trustee of the F. Hanse Trust Dismissed. (Verduzco, M)

1 McCormick, Barstow, Sheppard,
Wayte & Carruth LLP
2 D. Greg Durbin, #81749
[e-mail]
3 John M. Dunn, #166482
[e-mail]
4 Ben Nicholson, #239893
[e-mail]
5 7647 North Fresno Street
Fresno, California 93720
6 Telephone:
[phone]
Facsimile:
[phone]
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Attorneys for Plaintiffs, Defendants and Cross8 Defendants FOX HOLLOW OF TURLOCK
OWNERS ASSOCIATION and CALIFORNIA
9 EQUITY MANAGEMENT GROUP, INC. and
Defendant and Cross-Defendant ANDREW
10 KATAKIS
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION

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15 FOX HOLLOW OF TURLOCK OWNERS’
ASSOCIATION, et al.,
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Plaintiffs,
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v.
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MAUCTRST, LLC, et al.,
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Defendants.
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Case No. 1:03-CV-05439-AWI-SAB
STIPULATION AND ORDER FOR
DISMISSAL BETWEEN PLAINTIFFS
AND CERTAIN DEFENDANTS ONLY
[FRCP Rule 41(a)(2)]

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STIPULATION

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NOW COMES Plaintiffs Fox Hollow of Turlock Owners’ Association (“Fox Hollow HOA”)

25 and California Equity Management Group, Inc. (“CEMG”) (collectively the “Plaintiffs”), and
26 Defendants Stanley M. Flake, Stanley M. Flake, as Trustee of the Julie Insurance Trust, Stanley M.
27 Flake, as Trustee of the Capstone Trust, and Stanley Flake, as Trustee of the F. Hanse Trust,
28 (collectively the “Flake Defendants”), and hereby stipulate and agree pursuant to a Confidential
MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
7647 N FRESNO STREET
FRESNO, CA 93720

1 Settlement Agreement and Mutual General Releases, dated effective July 17, 2015, that the within
2 action, as to the Flake Defendants, and only as to the Flake Defendants, be dismissed with prejudice
3 with the Court retaining jurisdiction to enforce the settlement, and with the action, except as so
4 dismissed, continuing as to the defaulted defendants on the Consolidated Amended and Supplemental
5 Complaint filed herein on July 20, 2010 (Docket #410).
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7 Dated: September _4_, 2015

McCORMICK, BARSTOW, SHEPPARD,
WAYTE & CARRUTH LLP

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/s/ D. Greg Durbin
D. Greg Durbin
Ben Nicholson
Attorneys for Plaintiffs
FOX HOLLOW OF TURLOCK OWNERS
ASSOCIATION and CALIFORNIA EQUITY
MANAGEMENT GROUP, INC.

By:

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15 Dated: September _4__, 2015

DOWNEY BRAND LLP

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/s/ Janlynn R. Fleener
Janlynn R. Fleener
Attorneys for Defendants
STANLEY FLAKE, individually, as Trustee of the
Julie Insurance Trust, as Trustee of the Capstone
Trust, and as trustee of the F. Hanse Trust
By:

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MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
7647 N FRESNO STREET
FRESNO, CA 93720

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ORDER
Upon the stipulation of Plaintiffs Fox Hollow of Turlock Owners’ Association (“Fox Hollow
HOA”) and California Equity Management Group, Inc. (“CEMG”) (collectively the “Plaintiffs”), and

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Defendants Stanley M. Flake, Stanley M. Flake, as Trustee of the Julie Insurance Trust, Stanley M.
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Flake, as Trustee of the Capstone Trust, and Stanley Flake, as Trustee of the F. Hanse Trust,
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(collectively the “Flake Defendants”), pursuant to the Confidential Settlement Agreement and Mutual

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Genreal Releases, dated effective July 17, 2015, and good cause appearing:
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IT IS HEREBY ORDERED that the dismissal with prejudice of Defendants Stanley M. Flake,
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Stanley M. Flake, as Trustee of the Julie Insurance Trust, Stanley M. Flake, as Trustee of the Capstone
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Trust, and Stanley Flake, as Trustee of the F. Hanse Trust, and each of them, be entered herein, with the
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Court retaining jurisdiction to enforce the settlement, and with the action, except as so dismissed,
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continuing as to the defaulted defendants on the Consolidated Amended and Supplemental Complaint
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filed herein on July 20, 2010 (Docket #410).
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IT IS SO ORDERED.
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Dated: September 4, 2015
SENIOR DISTRICT JUDGE

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MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
7647 N FRESNO STREET
FRESNO, CA 93720

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