American Express v. D & A Corporation, et al

Filing 435

ORDER ON STIPULATION to Release Property Subject to the Preliminary Injunction signed by Judge Oliver W. Wanger on 02/07/2008. (Arellano, S.)

American Express v. D & A Corporation, et al

Doc. 435

1 2 3 4 5 6 7 8 9 10 11

Michael G. Marderosian, No. 77296 MARDEROSIAN, RUNYON, CERCONE, LEHMAN & ARMO 1260 Fulton Mall Fresno, California 93721 Telephone: [phone] Facsimile: [phone] Heather S. Cohen, WSBA No. 34400 MARDEROSIAN, RUNYON, CERCONE, LEHMAN & ARMO 701 Fifth Avenue, Suite 4200 Seattle, WA 98104 Telephone: [phone] Facsimile: [phone] (Pro Hac Vice) Attorneys for: Defendants DAVID AEZAH, BAKERSFIELD GROCERY WHOLESALE, and DAVE AEZAH INVESTMENTS, INC. UNITED STATES DISTRICT COURT

12 EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
MARDEROSIAN, RUNYON, CERCONE, LEHMAN & ARMO 1260 Fulton Mall Fresno, CA 93721

) AMERICAN EXPRESS TRAVEL ) RELATED SERVICES COMPANY, INC., a ) New York corporation, ) ) Plaintiff, ) ) v. ) ) D&A Corporation d/b/a/ BAKERSFIELD ) WHOLESALE FOODS, a California ) corporation, ABDO AEZAH, an individual, ) MALAKA M. AEZAH, an individual, ) DAVID AEZAH, an individual, ) BAKERSFIELD GROCERY WHOLESALE, ) an unincorporated business entity, DAVID ) AEZAH INVESTMENT, INC., a California ) corporation, and DOES 1 through 100, ) inclusive, ) ) Defendants. ) )

Case No. 1:04-CV-06737 OWW TAG STIPULATION TO RELEASE PROPERTY SUBJECT TO THE PRELIMINARY INJUNCTION

WHEREAS the Court entered a preliminary injunction on March 9, 2007 which enjoined the Defendants from selling, liquidating, assigning, transferring, converting, encumbering, dissipating, or otherwise disposing of any real property or any interest including but not limited to the following
A m e r i c a n E x p r e s s T r a v e l R e l a t e d Services C o . , Inc. v. D & A C o r p o r a t i o n , et al. U . S . D is t r ic t Court Ca s e N o . 1:04-CV - 0 6 7 3 7 O W W TA G

Dockets.Justia.com

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
MARDEROSIAN, RUNYON, CERCONE, LEHMAN & ARMO 1260 Fulton Mall Fresno, CA 93721

properties: (a) a single family residence at 4402 Valparaiso Way in Bakersfield, California; (b) Apartment complex on 503-515 28th Street in Bakersfield, California; (c) A home located at 9008 Limoges in Bakersfield, California; (d) A vacant lot in Bakersfield, California more accurately described in kern County Assessor's parcel number 170-040-08 and zoned as MI for industrial purposes; (e) A multi family dwelling located at 6710 Union Avenue in Bakersfield, California; and (f) A warehouse located at 402 California Avenue in Bakersfield, California. WHEREAS a Stipulation and Order to release all of the above referenced properties except for the property identified as the warehouse located at 402 California Avenue in Bakersfield, California was entered by the Court on July 27, 2007. WHEREAS the parties entered into an Agreement to Release Lis Pendens and Preliminary Injunction And Allow Sale Of Property And Escrow Instructions on December 31, 2007. IT IS HEREBY STIPULATED AND AGREED by the undersigned, that: 1. The warehouse located at 402 California Avenue in Bakersfield, California may be sold

pursuant to the terms and conditions of the Agreement To Release Lis Pendens and Preliminary Injunction And Allow Sale Of Property And Escrow Instructions on December 31, 2007 2. The preliminary injunction in effect with respect to the property located at 402

California Avenue in Bakersfield, California shall be dissolved upon the sale of the property located at 402 California Avenue in Bakersfield, California in accordance with the terms and conditions set forth in the escrow agreement described in paragraph 1. 3. 4. Signatures may be transmitted electronically or via facsimile. This stipulation may be executed in counterparts and will be binding on all parties. JAFFE & ASHER LLP

Dated: February 6, 2008

By: /s/ Mark H. Moore Mark H. Moore, Esq., Attorneys for Plaintiff, AMERICAN EXPRESS TRAVEL
RELATED SERVICES COMPANY, INC.

A m e r i c a n E x p r e s s T r a v e l R e l a t e d Services C o . , Inc. v. D & A C o r p o r a t i o n , et al. U . S . D is t r ic t Court Ca s e N o . 1:04-CV - 0 6 7 3 7 O W W TA G

2

1 2 3 4 5 6 7

Dated: February 7, 2008

MARDEROSIAN, RUNYON, CERCONE LEHMAN & ARMO

By: /s/ Michael G. Marderosian Michael G. Marderosian, Attorneys for Defendants DAVID AEZAH, BAKERSFIELD GROCERY WHOLESALE, and DAVE AEZAH INVESTMENTS, INC. IT IS SO ORDERED.

8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
MARDEROSIAN, RUNYON, CERCONE, LEHMAN & ARMO 1260 Fulton Mall Fresno, CA 93721 A m e r i c a n E x p r e s s T r a v e l R e l a t e d Services C o . , Inc. v. D & A C o r p o r a t i o n , et al. U . S . D is t r ic t Court Ca s e N o . 1:04-CV - 0 6 7 3 7 O W W TA G

Dated: February 7, 2008 emm0d6

/s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE