Larry Boecken Jr v. Gallo Glass Company

Filing 128

STIPULATION and ORDER to DISMISS Entire Action With Prejudice, signed by District Judge Lawrence J. O'Neill on 5/31/12: This Court VACATES all pending dates and matters, including the June 21, 2012 hearing on the motion for leave to file summary judgment motion. The Clerk is DIRECTED to close this action. (CASE CLOSED)(Hellings, J)

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JAMES E. SALVEN
8427 N. Millbrook Ave., Suite 101
Fresno, California 93720
Telephone: [phone]
Chapter 7 Trustee
For the Bankruptcy Estate of
LARRY BOECKEN, Debtor
And Plaintiff
NANCY L. ABELL (SB# 088785)
[e-mail]
PAUL HASTINGS LLP
515 South Flower Street, Twenty-Fifth Floor
Los Angeles, CA 90071-2228
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
GALLO GLASS COMPANY

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LARRY BOECKEN, JR.,

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Plaintiff,
v.
GALLO GLASS COMPANY, and
DOES 1 THROUGH 50,
INCLUSIVE,

CASE NO. 1:05-CV-00090 LJO BAM
STIPULATION AND ORDER TO DISMISS
ENTIRE ACTION WITH PREJUDICE
Judge:

Hon. Lawrence J. O’Neill

Defendant.

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Case No. 1:05-cv-00090 LJO BAM

STIPULATION AND [PROPOSED] ORDER TO
DISMISS WITH PREJUDICE

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WHEREAS, this lawsuit was filed in November 2004. On August 21, 2008, Plaintiff filed
a Voluntary Petition for bankruptcy under Chapter 7 of the Bankruptcy Code in the United States
Bankruptcy Court for the Eastern District of California, Case No. 08-15050-B-7. This lawsuit
and the claims therein were not listed in Plaintiff’s sworn Statement of Financial Affairs, filed
with the Bankruptcy Court or any other filing with the Bankruptcy Court while his Petition was
pending;
WHEREAS, on or about December 30, 2008, the United States Bankruptcy Court
granted Plaintiff a discharge under section 727 of title 11, United States Code;
WHEREAS, Defendant discovered Plaintiff’s Voluntary Petition for bankruptcy
when it retained new counsel in this case in May 2011 and brought this Petition to the attention of
counsel for Plaintiff and this Court;
WHEREAS, on May 27, 2011, the United States Bankruptcy Court for the Eastern
District of California reopened Plaintiff Larry Boecken, Jr.’s Chapter 7 bankruptcy, No. 0815050-B-7, and ordered that amended schedules be served on the U.S. Trustee within 30 days
along with a declaration from Plaintiff explaining why the asset was omitted from his original
schedules. The order further provided that the U.S. Trustee thereafter may have 30 days to
appoint a Chapter 7 trustee if necessary to investigate and administer the omitted asset.
WHEREAS, on June 28, 2011, the U.S. Trustee appointed James Salven as the
Chapter 7 Trustee for the Bankruptcy Estate of Larry Boecken, Debtor;
WHEREAS, on May 29, 2012, the Honorable Richard Lee, United States
Bankruptcy Judge, United States Bankruptcy Court for the Eastern District of California, entered
the ORDER APPROVING COMPROMISE OF CONTROVERSY BETWEEN BANKRUPTCY

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Case No. 1:05-cv-00090 LJO BAM

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STIPULATION AND [PROPOSED] ORDER TO
DISMISS WITH PREJUDICE

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ESTATE OF DEBTOR AND GALLO GLASS COMPANY in Case No. 08-15050-B-7, a copy
of which is attached as Exhibit 1.
NOW, THEREFORE, James E. Salven, Chapter 7 Trustee for the Bankruptcy
Estate of Larry Boecken, Debtor, and Defendant Gallo Glass Company hereby stipulate that this
action be dismissed in its entirety with prejudice, with each party to bear its own costs and
attorneys’ fees.
Dated: May 30, 2012

JAMES E. SALVEN

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By:

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Dated: May 30, 2012

____________________________________
James E. Salven
Chapter 7 Trustee
For the Bankruptcy Estate of
LARRY BOECKEN, Debtor
And Plaintiff
PAUL HASTINGS LLP

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By: /s/ Nancy L. Abell
____________________________________
Nancy L. Abell
Counsel for Defendant
Gallo Glass Company

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ORDER

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IT IS HEREBY ORDERED, ADJUDGED AND DEGREED THAT, in

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accordance with the May 29, 2012 ORDER APPROVING COMPROMISE OF

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CONTROVERSY BETWEEN BANKRUPTCY ESTATE OF DEBTOR AND GALLO GLASS

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COMPANY, entered by the United States Bankruptcy Court for the Eastern District of California,

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in Case No. 08-15050-B-7, the Bankruptcy Estate of Larry Boecken, Debtor, and the stipulation

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of the real parties in interest, this action is hereby dismissed in its entirety with prejudice. Each

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party shall bear its own attorneys’ fees and costs.

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Case No. 1:05-cv-00090 LJO BAM

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STIPULATION AND [PROPOSED] ORDER TO
DISMISS WITH PREJUDICE

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This Court VACATES all pending dates and matters, including the June 21, 2012 hearing
on the motion for leave to file summary judgment motion. The clerk is directed to close this action.

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DEAC_Signature-END:

b9ed48bb

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill

May 31, 2012

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UNITED STATES DISTRICT JUDGE
DEAC_Signature-END:

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b9ed48bb

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Case No. 1:05-cv-00090 LJO BAM

-3-

STIPULATION AND [PROPOSED] ORDER TO
DISMISS WITH PREJUDICE