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

Filing 429

ORDER Granting Dismissal of Defendant Cal Water Service Company signed by District Judge Anthony W. Ishii on 07/05/2016. (Flores, E)

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GREBEN & ASSOCIATES
125 E. DE LA GUERRA ST., STE 203
SANTA BARBARA, CA 93101
TEL: [phone]
FAX: [phone]

Jan A. Greben, SBN 103464
[e-mail]
Christine M. Monroe, SBN 304573
[e-mail]
Attorneys for Plaintiffs GARY COPPOLA, an individual; GARY COPPOLA, as SUCCESSOR
TRUSTEE OF THE VIOLA M. COPPOLA IRREVOCABLE TRUST; and GARY COPPOLA,
as TRUSTEE OF THE ANTHONY M. COPPOLA TRUST

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA - FRESNO DIVISION

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GARY COPPOLA, an individual, GARY
COPPOLA, as SUCCESSOR TRUSTEE OF
THE VIOLA M. COPPOLA IRREVOCABLE
TRUST; and GARY COPPOLA, as TRUSTEE
OF THE ANTHONY M. COPPOLA TRUST;

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Plaintiffs,

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STIPULATED REQUEST FOR DISMISSAL
REGARDING CALIFORNIA WATER
SUPPLY COMPANY, ONLY; [PROPOSED]
ORDER THEREON

v.

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

PARAGON CLEANERS (formerly sued as
GREGORY SMITH, an individual); et al.

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Defendants.

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(Doc. No. 427)
RELATED CROSS AND COUNTERCLAIMS

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On July 5, 2016, Plaintiffs and Defendant Cal Water filed the following stipulation:

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Pursuant to Federal Rules of Civil Procedure, Rule 41(a)(2) and (c), the Court’s Order

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approving the good faith settlement [Document No. 424], and the terms of the settlement, Plaintiffs

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and counter-defendants Gary Coppola, an individual, Gary Coppola, as Successor Trustee of The

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Viola M. Coppola Irrevocable Trust; and Gary Coppola, as Trustee of The Anthony M. Coppola
-1STIPULATED REQUEST FOR DISMISSAL RE CAL WATER; ORDER

1:11-CV-01257-AWI-BAM

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Trust (“Plaintiffs”) and California Water Service Company (“Cal Water”) (collectively the

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“Parties”) hereby stipulate and request that the Court enter an Order as set forth in the terms below.

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1. Plaintiffs’ complaint in the above captioned action is hereby dismissed with

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prejudice, including their entire action and all claims encompassed therein, against

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Cal Water, only;

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2. Cal Water’s counterclaim in the above captioned action is hereby dismissed with

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prejudice, including their entire action and all claims encompassed therein, against

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Plaintiffs;

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3. Each party shall bear their own attorney’s fees and costs;
4. This Court shall retain jurisdiction over the parties for purposes of enforcing the
settlement agreement reached by and between Plaintiffs and Cal Water; and
5. The foregoing dismissals are voluntary and shall not operate as an adjudication on the
merits.

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Dated: July 5, 2016

GREBEN & ASSOCIATES

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/s/ Jan A. Greben
Jan A. Greben
Christine M. Monroe
Attorneys for Plaintiffs and Counter Defendants
GARY COPPOLA, an individual; GARY
COPPOLA, as SUCCESSOR TRUSTEE OF
THE VIOLA M. COPPOLA IRREVOCABLE
TRUST; and GARY COPPOLA, as TRUSTEE
OF THE ANTHONY M. COPPOLA TRUST

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Dated: July 5, 2016

WOOD, SMITH, HENNING & BERMAN LLP

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/s/ Patrick S. Schoenburg
David F. Wood
Patrick S. Schoenburg
Attorneys for Defendant and Counterclaimant
CALIFORNIA WATER SERVICE COMPANY
-2STIPULATED REQUEST FOR DISMISSAL RE CAL WATER; ORDER

1:11-CV-01257-AWI-BAM

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ORDER1

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The Parties having stipulated and agreed, and good cause appearing thereon, it is hereby

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ORDERED:

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1. Plaintiffs’ complaint in the above captioned action is dismissed with prejudice,

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including their entire action and all claims encompassed therein, against Cal Water,

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only;2

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2. Cal Water’s counterclaim in the above captioned action is dismissed with prejudice,

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including their entire action and all claims encompassed therein, against Plaintiffs;

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3. The Clerk shall note that Cal Water has been TERMINATED from this action as of

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July 5, 2016;

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4. Each party shall bear their own attorney’s fees and costs;

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5. This Court shall retain jurisdiction over the parties for purposes of enforcing the

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settlement agreement reached by and between Plaintiffs and Cal Water; and

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6. The foregoing dismissals are voluntary and shall not operate as an adjudication on the

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merits.

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IT IS SO ORDERED.
Dated: July 5, 2016
SENIOR DISTRICT JUDGE

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The Court notes that in the order approving Plaintiffs’ and Cal Water’s settlement, the Court stated that once dismissal
papers were filed, the Court intended to dismiss Cal Water and Cal Water’s counterclaims from this case. See Doc. No.
454 at p.11 n.7. No party objected or responded to that order.
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All other claims by Plaintiffs against all other defendants remain pending and open.
-3STIPULATED REQUEST FOR DISMISSAL RE CAL WATER; ORDER

1:11-CV-01257-AWI-BAM