Sinclair et al v. Fox Hollow, et al

Filing 1195

Stipulation and ORDER for Dismissal Between Plaintiffs and Certain Defendants Only, signed by District Judge Anthony W. Ishii on 11/20/15. (Marrujo, C)

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Curtis D. Rindlisbacher, #142929
Craig A. Tristão, #256528
PERKINS, MANN & EVERETT
INCORPORATED
7815 N. Palm Avenue, Suite 200
Fresno, California 93711
Telephone: [phone]
Facsimile [phone]

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James K. Tracy (Utah State Bar #6668) (admitted pro hac vice)
Eric G. Goodrich (Utah State Bar #12521) (admitted pro hac vice)
BENNETT TUELLER JOHNSON & DEERE, LLC
3165 East Millrock Drive, Suite 500
Salt Lake City, Utah 84121
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendants Gregory Mauchley and Dianna Mauchley

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FRESNO DIVISION

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FOX HOLLOW OF TURLOCK OWNER’S
ASSOCIATION, et al.,

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CASE NO. 1:03-CV-05439-AWI-SAB
STIPULATION AND ORDER FOR
DISMISSAL BETWEEN PLAINTIFFS
AND CERTAIN DEFENDANTS ONLY

Plaintiffs,
vs.

[FRCP Rule 41(a)(2)]

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RICHARD SINCLAIR, et al.,
Defendants.

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AND RELATED CROSS-ACTIONS
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STIPULATION

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NOW COMES Plaintiffs, Defendants and Cross-Defendants Fox Hollow of Turlock

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Owners’ Association and California Equity Management Group, Inc. and Defendant and Cross-

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Defendant Andrew Katakis (collectively the “Plaintiffs”), and Defendant and Cross-Complainant

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Gregory Mauchley and Defendant Dianna Mauchley (collectively the “Mauchley Defendants”),

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and hereby stipulate and agree pursuant to a Confidential Settlement Agreement and Mutual

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General Releases, dated January 24, 2014, that the within action, as between Plaintiffs and the

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Mauchley Defendants, and only as between Plaintiffs and the Mauchley Defendants, be

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dismissed without prejudice with the Court retaining jurisdiction to enforce the settlement, and

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with the action, except as so dismissed, continuing as against the defaulted defendants on the
Consolidated Amended and Supplemental Complaint filed herein on July 20, 2010 (Docket

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#410).
Dated: October 28, 2015

INCORPORATED

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By: /s/_Craig A. Tristao
_
Curtis D. Rindlisbacher,
Craig A. Tristao,
Attorneys for Defendant and Cross-Complainant
Gregory Mauchley and Defendant Dianna
Mauchley

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PERKINS, MANN & EVERETT

Dated: October 28, 2015

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McCORMICK, BARSTOW, SHEPPARD,
WAYTE & CARRUTH LLP

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By: /s/ D. Greg Durbin
D. Greg Durbin
Ben Nicholson
Attorneys for Plaintiffs, Defendants and CrossDefendants Fox Hollow of Turlock Owners’
Association and California Equity Management
Group, Inc. and Defendant and Cross-Defendant
Andrew Katakis

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ORDER

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Upon the stipulation of Plaintiffs, Defendants and Cross-Defendants Fox Hollow of

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Turlock Owners’ Association and California Equity Management Group, Inc. and Defendant and

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Cross-Defendant Andrew Katakis (collectively the “Plaintiffs”), and Defendant and Cross-

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Complainant Gregory Mauchley and Defendant Dianna Mauchley (collectively the “Mauchley

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Defendants”), pursuant to the Confidential Settlement Agreement and Mutual General Releases,

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dated January 24, 2014, and good cause appearing:

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///

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IT IS HEREBY ORDERED that the within action, as between Plaintiffs and the

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Mauchley Defendants, and only as between Plaintiffs and the Mauchley Defendants, be and

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hereby is dismissed without prejudice with the Court retaining jurisdiction to enforce the

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settlement, and with the action, except as so dismissed, continuing as against the defaulted

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defendants on the Consolidated Amended and Supplemental Complaint filed herein on July 20,

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2010 (Docket #410).

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IT IS SO ORDERED.
Dated:

November 20, 2015
SENIOR DISTRICT JUDGE

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