Olvey v. Errotabere Ranches et al

Filing 227

ORDER DISMISSING CASE with prejudice signed by Judge Oliver W. Wanger on 7/8/2011. CASE CLOSED.(Lundstrom, T)

1
2
3
4

René Lastreto, II, #100993
Scott J. Ivy, #197681
Lang, Richert & Patch
Post Office Box 40012
Fresno, California 93755-0012
[phone] Phone
[phone] Fax
G:\docs\RGaumnitz\Orders to be signed\06cv653.Order Re DISMISSAL.wpd:rp

5
6

Attorneys for Defendants ERROTABERE RANCHES, a California partnership; DANIEL D.
ERROTABERE; an individual; JEAN ERROTABERE, an individual

7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10

FRESNO DIVISION

11

JAMES M. OLVEY,

12
13
14
15

Plaintiff,
v.
ERROTABERE RANCHES, a California
partnership; DANIEL D. ERROTABERE; an
individual; JEAN ERROTABERE, an
individual

16
Defendants.
17
18
19
20
21
22
23
24
25
26
27
28
Order Re Memo of Decision & Order Re Plaintiff’s
Motion to Enforce Settlement Agreement

Case No.

1:06-CV-00653-OWW-SMS

ORDER DISMISSING ENTIRE ACTION
WITH PREJUDICE

1

On November 8, 2010, at 11:45 a.m. in Courtroom 3 of the above-entitled court, The

2

Honorable Oliver W. Wanger presiding, a status conference regarding completion of settlement

3

terms was held. Scott J. Ivy appeared on behalf of Defendants. Ted Frame appeared telephonically

4

and on behalf of non-party Linda Vista Farms. Plaintiff James M. Olvey personally appeared pro

5

se.

6

At the conclusion of the hearing, the Court made the following Orders (Doc No. 214):

7

1.

The Court finds that all settlement conditions set forth in the parties Settlement

8

Agreement have been satisfied, other than a dispute over Section 2E relating solely

9

to the width of the road constructed;

10

2.

Upon filing with the Court of proof of payment by the Errotaberes of the sums

11

called for in Section 21 of the parties' Settlement Agreement, all remaining

12

pending claims identified in the complaint filed by Mr. Olvey shall be dismissed

13

with prejudice. Nothing herein shall affect the validity and enforceability of the

14

Settlement Agreement and Release between James M. Olvey and Errotabere

15

Ranches, a California Partnership, Daniel D. Errotabere, Jean Errotabere dated

16

February 5, 2009 (the "Settlement Agreement") or any orders previously entered

17

relating to such Settlement Agreement.

18

3.

The dismissal of the underlying lawsuit shall not affect or prejudice Mr. Olvey's right

19

to assert any claim he may have for a breach of the Settlement Agreement, including,

20

but not limited to, the alleged breach of Section 2E of the Settlement Agreement with

21

respect to the width of the road. The Court specifically retains jurisdiction of this

22

matter in aid of the enforcement of its prior orders relating to the settlement of this

23

dispute for the purpose of addressing any claim by Mr. Olvey alleging a breach of the

24

Settlement Agreement. Any such claim shall be filed by Mr. Olvey under the above

25

referenced case number directly to Department 3 of the above referenced Court.

26

///

27

///

28

///
Order Re Memo of Decision & Order Re Plaintiff’s
Motion to Enforce Settlement Agreement

1

1

On March 14, 2010, at 10:00 a.m. in Courtroom 3 of the above-entitled court, The Honorable

2

Oliver W. Wanger presiding, the motion of Plaintiff JAMES OLVEY (“Plaintiff”) to enforce

3

settlement agreement, was heard. Attorney Scott J. Ivy appeared on behalf of Defendants. Other

4

appearances are as set forth in the record.

5

After taking the matter under submission, and upon consideration of the written and oral

6

argument and the evidence presented, including all reasonable inferences therefrom, and good cause

7

appearing therefor, as set forth in this Court’s Memorandum of Decision dated March 16, 2011 (Doc.

8

No. 220) the Court DENIED the Motion (Doc. No. 223).

9

Given the Court’s acknowledgment of the proof of payment by the Errotaberes of the sums

10

called for in Section 21 of the parties' Settlement Agreement in open Court (See Doc. 220 p. 5, lines

11

15-18), all remaining pending claims identified in the complaint filed by Mr. Olvey are HEREBY

12

DISMISSED WITH PREJUDICE.

13
14

IT IS SO ORDERED:

15
16

Dated: July 8, 2011

_/s/ OLIVER W. WANGER_____________
THE HONORABLE OLIVER W. WAGNER

17
18
19
20
21
22
23
24
25
26
27
28
Order Re Memo of Decision & Order Re Plaintiff’s
Motion to Enforce Settlement Agreement

2