Viola Coppola, et al v. Gregory Smith, et al

Filing 242

Revised STIPULATION (Doc. 241) for Amendment to (1) Plaintiffs' Fifth Amended Complaint; (2) Previously Filed Answers, Counter-Claims and Cross-Claims of Gregory Smith; and, (3) Previously Filed Answers, Counter-Claims and Cross-Claims of " The Jane Nash Trust"; ORDER Thereon. Based on the above Stipulation, IT IS SO ORDERED. This Order does not amend any other portion of the reference pleadings. This order does not alter or change the pleadings for purposes of the pending motion for summary judgment. (Doc. 200.) signed by Magistrate Judge Barbara A. McAuliffe on 8/26/2014. (Herman, H)

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LORI J. GUALCO (Bar No. 95232)
GUALCO LAW
400 Capitol Mall, Eleventh Floor
Sacramento, CA 95814
Tel: [phone]
Fax: [phone]
Attorney for Defendant
GREGORY SMITH

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA - FRESNO DIVISION

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VIOLA M. COPPOLA IRREVOCABLE
TRUST, GARY COPPOLA, and THE TRUST
OF ANTHONY M. COPPOLA;
Plaintiffs,

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v.
GREGORY SMITH, an individual; RICHARD
LASTER, an individual; and THE JANE
HIGGINS NASH TRUST; JANE NASH AS
EXECUTOR OF THE ESTATE OF DECATUR
HIGGINS, HARLEY MILLER, an individual;
CHERYL MILLER, an individual; MARTIN
AND MARTIN PROPERTIES, BENART
MAIN STREET PROPERTIES, CAL WATER
SERVICE COMPANY, the CITY OF VISALIA
and DOES 1-20, inclusive;

Case No.: 1:11-CV-01257-AWI-BAM

REVISED STIPULATION FOR
AMENDMENT TO (1) PLAINTIFFS’
FIFTH AMENDED COMPLAINT;
(2) PREVIOUSLY FILED ANSWERS,
COUNTER-CLAIMS AND CROSSCLAIMS OF GREGORY SMITH; and,
(3) PREVIOUSLY FILED ANSWERS,
COUNTER-CLAIMS AND CROSSCLAIMS OF “THE JANE NASH TRUST”;
ORDER THEREON

Defendants.

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RELATED CROSS AND COUNTER-CLAIMS

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Pursuant to Federal Rule of Civil Procedure 15(c) and the Court’s Minute Orders dated

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July 1, 2014, document 227, and August 4, 2014, document 240, Plaintiffs Viola Coppola

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Irrevocable Trust, Gary Coppola, and the Trust of Anthony M. Coppola (collectively

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“Plaintiffs”), Defendant Gregory Smith, and Defendants Jane Higgins Nash, as Executrix of the

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Estate of Mabel Elaine Higgins, deceased and Trustee of the Trust created by the Estate of

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Mabel Elaine Higgins, deceased, commonly known as the Jane Higgins Nash Trust (“JHN
Trust”), Estate of Decatur Higgins, deceased (“DH Estate”) and Cross-Defendants David H.

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Nash and Richard P. Nash, as the successor co-trustees of the William P. Nash and Jane H.

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Nash Revocable Trust (“Nash”) (all JHN Trust, DH Estate and Nash Defendants and Cross-

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Defendant collectively referred to herein as “The Jane Nash Trust”) hereby revise the previous

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stipulation to delete the reference to a proposed sixth amended complaint and stipulate and

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request that the Court enter an order granting the following amendments:

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1. All references and allegations in the Fifth Amended Complaint as to Defendant

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Gregory Smith shall be replaced with Paragon Cleaners, Inc., a California

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corporation that, since February 1998, and at all times herein relevant, was and

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is doing business in California.

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2. All references in the Answers filed by Gregory Smith, as well as Gregory

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Smith’s Counter and Cross-Claims against and as they relate to Plaintiffs and

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The Jane Nash Trust Defendants and Cross-Defendants, are hereby amended to

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replace Gregory Smith with Paragon Cleaners, Inc., a California corporation

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that, since February 1998, and at all times herein relevant, was and is doing

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business in California.

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3. All references in the Cross-Claims filed by The Jane Nash Trust Defendants and

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Cross-Defendants as they relate to Gregory Smith, are hereby amended to

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replace Gregory Smith with Paragon Cleaners, Inc., a California corporation

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that, since February 1998, and at all times herein relevant, was and is doing

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business in California.

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Date: August 7, 2014

GREBEN & ASSOCIATES

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By: /s/ Jan A. Greben (as authorized on 8/7/14)
Jan A. Greben
Brett A. Boon
Attorneys for Plaintiffs and Cross-Defendants
Viola Coppola Irrevocable Trust, Gary Coppola
and the Trust of Anthony M. Coppola

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Date: August 7, 2014

GUALCO LAW

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By: /s/ Lori J. Gualco
Lori J. Gualco
Attorney for Defendant, Counter and CrossComplainant and Cross-Defendant Gregory Smith

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Date: August 7, 2014

WILLIAMS, BRODERSEN & PRITCHETT

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By: /s/ Steven R. Williams (as authorized on 8/7/14)
Steven R. Williams
Attorneys for Defendants, Cross- Defendants,
Counter and Cross- Complainants Jane Higgins
Nash, as Executrix of the Estate of Mabel Elaine
Higgins, deceased and Trustee of the Trust created
by the Estate of Mabel Elaine Higgins, deceased,
commonly known as the Jane Higgins Nash Trust,
Estate of Decatur Higgins, deceased, and David H.
Nash and Richard P. Nash, as the successor cotrustees of the William P. Nash and Jane H. Nash
Revocable Trust

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ORDER

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Based on the above Stipulation, IT IS SO ORDERED. This Order does not amend any other

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portion of the referenced pleadings. This order does not alter or change the pleadings for purposes

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of the pending motion for summary judgment. (Doc. 200.)

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IT IS SO ORDERED.
Dated:

August 26, 2014

/s/ Barbara

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE